Smith v. Arizona and Retroactivity
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 […]
September 22, 2015
SCOTUS to Hear Argument in October about Miller Retroactivity
On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 […]
July 29, 2014
Riley and Retroactivity
Last month the U.S. Supreme Court held that under the Fourth Amendment to the U.S. Constitution, officers can’t search a cell phone as a search incident to arrest. Riley v. […]
March 31, 2014
Miller Retroactivity: Where Are We?
Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided […]
August 19, 2013
NC Court Takes a Restrictive View of “Significant Change in the Law” MARs
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised […]
March 13, 2013
A Silver Lining for the Defense in Chaidez?
I previously posted here about the U.S. Supreme Court’s recent decision in Chaidez and its holding that Padilla does not apply retroactively. The Court’s ruling meant that lawful permanent resident […]
February 21, 2013
U.S. Supreme Court Ruling: Padilla Is Not Retroactive
The U.S. Supreme Court recently decided Chaidez v. United States, 568 U.S. __ (Feb. 20, 2013), holding that Padilla v. Kentucky, 559 U. S. ___ (2010), isn’t retroactive. Padilla held […]
May 1, 2012
Supreme Court Update
Today, I wanted to note two timely and interesting items concerning the United States Supreme Court. First, the Court just granted certiorari in Chaidez v. United States, a case that […]
April 23, 2012
Is Kenton Retroactive?
In a post here, Jeff wrote about the N.C. Court of Appeals decision in Kenton v. Kenton, holding that a consent domestic violence protective order (DVPO) lacking any finding that […]
March 12, 2012
No Relief from Fair Sentencing
In a post here Jamie discussed whether a defendant who was sentenced under the Fair Sentencing Act (FSA) can successfully bring a motion for appropriate relief asserting that he or […]
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