…Carolina here. Jessie set out the retroactivity issue here and recapped the Montgomery briefs here. In a nutshell, before Montgomery, courts across the country were divided on the question of…
…as “not optimum.” Retroactivity of Substantive Rules. Jamie blogged earlier this week about the Supreme Court’s ruling in Montgomery v. Louisiana that Miller v. Alabama announced a substantive rule of…
…a busy news week, from the Supreme Court on down. Supreme Court to settle Miller retroactivity. The high court granted review this week in a case that will determine whether…
…paper on how to apply Teague v. Lane or State v. Rivens to determine whether a judge-made rule applies retroactively. When a new rule is created by statute, the retroactivity…
…Because Lovette’s case was on direct appeal when Miller was decided, the court of appeals did not have to engage in a complicated retroactivity analysis to determine whether the rule…
…other. Supreme Court’s Miller retroactivity case disappears. As one case joins the Court’s docket, another falls away. The Court had agreed to review a New Orleans case that presented the…
…and substantively expanding the very rule whose retroactivity was in question? Kansas v. Glover, No. 18-556: A Kansas officer ran a registration check on a pickup truck and learned that…
…like the Supreme Court will also need to address the retroactivity of Padilla v. Kentucky, __ U.S. __, 130 S. Ct. 1473 (2010), which held that criminal defense attorneys must…
…to quickly determine that the rule was procedural and not substantive. Finally, it concluded that the new rule did not fall into the narrow non-retroactivity exception for watershed rules of…
…category of cases effectively undermines the retroactivity of Gant: if the exclusionary remedy isn’t available retroactively, the dissenters reasoned, it is meaningless to say that the rule itself is retroactive….
