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 years. Considering that and the recent Confrontation Clause rule for substitute analyst testimony announced in Smith v. Arizona, 602 U.S. ___; 144 S.Ct. 1785 (2024) (summarized here), an update is in order. Today’s post reviews the federal retroactivity analysis and examines how it may be applied to Smith. Read on for the details.
post-conviction
When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar
We get a lot of questions about motions for appropriate relief (“MARs”). Post-conviction can be a daunting area for practitioners and judges alike. On the state and federal levels, the procedural issues alone can feel like a maze. A recent(ish) case from the Court of Appeals, State v. Blake, ___ N.C. App. ___, 853 S.E.2d 838 (Dec. 31, 2020), shines some light on aspects of the procedural bar in state post-conviction proceedings and is the subject of today’s post.