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Criminal Law

: Harmful Error

US Supreme Court rules on retroactivity issue

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The United States Supreme Court issued five decisions this morning, one of which concerns criminal law. Scotusblog summarizes and provides links to the civil cases (Rowe v. New Hamphshire Motor, Preston v. Ferrer, Riegel v. Medtronic and LaRue v. DeWolff, Boberg & Associates). The criminal case, Danforth v. Minnesota, is a 7-2 decision that was authored by Justice Stevens. The Court considered the issue of whether state courts were free to give a decision by the United States Supreme Court announcing a new constitutional rule of criminal procedure broader retroactive application than that given by the Supreme Court. The Court held that Teague v. Lane did not constrain the authority of state courts to give broader effect to new rules of criminal procedure...continue to full post

Full post as published by Harmful Error on February 20, 2008 (boomark / email).

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