…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….
…the Court’s holding makes simple work of the retroactivity issue: Motion denied! However, there is something in Chaidez that makes me wonder whether it will lead to a new flood…
…procedural, it would apply retroactively only if it were a watershed rule under the retroactivity framework established in Teague v. Lane, 489 U.S. 288 (1989), and it isn’t a watershed…
…for capital cases frequently and made many of those changes applicable retroactively, and far fewer in recent years as the rules have stabilized, retroactivity law has become more limiting, and…
…and are granted another one-year extension). Legislation proposed this session (H 1317) would bring North Carolina closer to SORNA compliance, but not all the way-the bill does not address retroactivity…
…African American. North Carolina has 3,110 life-sentenced inmates, with a bit less than half serving LWOP. Retroactivity of Miller v. Alabama. Speaking of life sentences, an important legal question unresolved…
This week, the state supreme court heard oral arguments on the retroactivity of Miller v. Alabama, the United States Supreme Court case that ruled that juvenile murderers could not automatically…
…That retroactivity is probably fine when it comes to sex offender registration itself. Under our current understanding of things, registration is not punishment, and applying a registration requirement retroactively therefore…
…the majority, Justice Kavanaugh first conducted the traditional analysis of retroactivity under Teague, finding that while Ramos announced a new procedural rule that was “momentous and consequential” it was not…
…will need to decide whether the repeal of the RJA affects the inmates’ claims. The supreme court vacated Judge Weeks’ orders, and the retroactivity provision of the repeal provides that…
