…an argument that under the retroactivity principles of Teague, Kenton is an “old rule” and so retroactive at least to Bryant. On the other hand, the state may argue that…
…new rule that did not apply retroactively to Chaidez’s case. Chaidez didn’t argue that Padilla fell into one of the two narrow exceptions to the non-retroactivity rule. The first exception…
…after trial in response to a public records request. Miller retroactivity to be determined. As Jessie noted here, Montgomery v. Louisiana will be argued on October 13. The 69-year-old petitioner…
…retroactivity headed to the Supreme Court, again. Miller is the case that forbade mandatory life without parole sentences for juvenile murderers. The courts are split on whether it applies retroactively….
…very long sentences in just a few hours. As the kids say, trippy. Miller retroactivity. Two more states held Alabama v. Miller (no automatic LWOP for juvenile murderers) retroactive recently:…
…be important. Next, there is the question of retroactivity. To whom does the rule in Miller apply? Who is eligible for relief as a constitutional matter, and who should benefit…
…to Padilla, retroactivity is a preliminary issue presented by those motions. As I discuss in more detail in a bulletin available here, under federal law a new rule of criminal…
…of the United States Supreme Court. The craftsmanship is pretty impressive. Miller retroactivity. Sentencing Law and Policy notes here that the Supreme Court of Pennsylvania just ruled that Miller v….
…Court rules Miller retroactive – and applicable to nonmandatory LWOP sentences. The retroactivity of Miller v. Alabama, the Supreme Court case prohibiting mandatory LWOP sentences for juveniles, has not been…
…of a third party, the defendant failed to satisfy his burden of showing that DNA testing may be material to his claim of wrongful conviction. The retroactivity provision of…
