My colleagues have covered the retroactivity rules many times before on the blog but the analysis for determining the retroactivity of new federal rules has changed in the last few…
…to the exclusionary rule, an issue Jeff will address in a follow up post. But back to retroactivity. Retroactivity comes into play when the question is whether the new rule…
…in terms of “retroactivity,” it isn’t what courts talk about when they consider the retroactivity of new cases — true retroactivity is discussed in connection with question 3, below. 2….
…begin to address that question in this post. I wrote about retroactivity of judge-made rules five years ago in a paper posted here. That paper sets out the general retroactivity…
…jurisdiction to decide the retroactivity issue at all. If the Court decides that question in the negative, it won’t get to the retroactivity issue. Watch the blog or follow me…
…more detail in a paper here, retroactivity, as it applies to judge-made rules, is a term referring to a new rule of criminal procedure that applies to cases that became…
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another…
…cases. The question of retroactivity is whether the Miller rule applies to cases that became final before the decision was handed down. And that’s not just a theoretical question. After…
…the first question in the retroactivity analysis is this: Is Kenton a new rule? If a rule isn’t new there is no retroactivity issue because the rule doesn’t change existing…
…who has ever dabbled in federal retroactivity knows, the new rule analysis ain’t always easy! If you need information on that, you’re not without a resource—my paper on retroactivity noted…
