Add to ORKGThe freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil\u27 and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new rule retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve the rights of a criminal defendant
The article analyzes the question of the retroactive effect of judicial decisions. It surveys the hi...
In Scott v. United States the Ninth Circuit, sitting en banc, held that established principles gover...
This Article explores when laws altering the consequences of conviction can retroactively apply. It...
The judicial creation of a new rule of law raises the essential question whether that rule is to be ...
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospec...
Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied r...
Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicia...
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arisi...
Under the stringent test set forth in Teague v. Lane defendants convicted of criminal offenses are g...
The “watershed” doctrine gives prisoners a constitutional basis to reopen their cases based on a new...
The Federal District Court for the Eastern District of New York has held that O\u27Callahan v. Parke...
In 1965, the Supreme Court was impelled by circumstances of its own making to launch itself on the u...
Was there ever such a profession as ours anyhow? We speak of ourselves as practicing law, as teachin...
Although the Supreme Court’s 1989 decision in Teague v. Lane generally prohibits the application of ...
Courts frequently withhold remedies for meritorious assertions of constitutional right. The practice...
The article analyzes the question of the retroactive effect of judicial decisions. It surveys the hi...
In Scott v. United States the Ninth Circuit, sitting en banc, held that established principles gover...
This Article explores when laws altering the consequences of conviction can retroactively apply. It...
The judicial creation of a new rule of law raises the essential question whether that rule is to be ...
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospec...
Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied r...
Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicia...
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arisi...
Under the stringent test set forth in Teague v. Lane defendants convicted of criminal offenses are g...
The “watershed” doctrine gives prisoners a constitutional basis to reopen their cases based on a new...
The Federal District Court for the Eastern District of New York has held that O\u27Callahan v. Parke...
In 1965, the Supreme Court was impelled by circumstances of its own making to launch itself on the u...
Was there ever such a profession as ours anyhow? We speak of ourselves as practicing law, as teachin...
Although the Supreme Court’s 1989 decision in Teague v. Lane generally prohibits the application of ...
Courts frequently withhold remedies for meritorious assertions of constitutional right. The practice...
The article analyzes the question of the retroactive effect of judicial decisions. It surveys the hi...
In Scott v. United States the Ninth Circuit, sitting en banc, held that established principles gover...
This Article explores when laws altering the consequences of conviction can retroactively apply. It...