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Posted on: May 17, 2021 at 15:59:25 CT
Spanky KU
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"This Court has repeatedly stated that a decision announcing a new rule of criminal procedure ordinarily does not apply retroactively on federal collateral review. See Teague v. Lane, 489 U. S. 288, 310 (1989) (plurality opinion); see also Linkletter v. Walker, 381 U. S. 618, 639–640, and n. 20 (1965). Indeed, in the 32 years since Teague underscored that principle, this Court has announced many important new rules of criminal procedure. But the Court has not applied any of those new rules retroactively on federal collateral review. See, e.g., Whorton v. Bockting, 549 U. S. 406, 421 (2007) (Confrontation Clause rule recognized in Crawford v. Washington, 541 U. S. 36 (2004), does not apply retroactively). And for decades before Teague, the Court also regularly declined to apply new rules retroactively, including on federal collateral review. See, e.g., DeStefano v. Woods, 392 U. S. 631, 635 (1968) (per curiam) (jury-trial rule recognized in Duncan v. Louisiana, 391 U. S. 145 (1968), does not apply retroactively).

In light of the Court’s well-settled retroactivity doctrine, we conclude that the Ramos jury-unanimity rule likewise does not apply retroactively on federal collateral review. We therefore affirm the judgment of the U. S. Court of Appeals for the Fifth Circuit."

https://www.supremecourt.gov/opinions/20pdf/19-5807_086c.pdf

Edited by Spanky at 16:01:32 on 05/17/21
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     what a stupid ruling - gmmm98 MU - 5/17 17:12:06
          What SCOTUS rulings have been retroactive? - Spanky KU - 5/17 17:30:17
               was that intended to be responsive? - gmmm98 MU - 5/17 17:37:25
                    It is responsive - Spanky KU - 5/17 17:40:35
                         it is not responsive - gmmm98 MU - 5/17 17:50:15
                              It is responsive - Spanky KU - 5/17 18:00:25
                                   you reinforced the conservative principles - gmmm98 MU - 5/17 18:13:10
                                        Try answering a question: Why is the decision stupid? - Spanky KU - 5/17 18:27:50
                                             that is responsive - gmmm98 MU - 5/17 18:41:20
                                                  As were the previous posts you deemed non-responsive(nm) - Spanky KU - 5/17 18:43:59
     Because: - Spanky KU - 5/17 15:59:25
     So they have to look at each case individually?(nm) - meatiger MU - 5/17 15:22:29




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