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SCOTUS embraces criminal justice federalism in Danforth

By Douglas A. Berman

The big criminal justice opinion from SCOTUS today is in Danforth, which Lyle Denniston effectively summarizes in this post.  Here are highlights of Lyle's summary:Dividing 7-2, the Supreme Court ruled Wednesday that states, under their own laws or constitutions, may give state prisoners the retroactive benefit of Supreme Court criminal law decisions, even if the Court itself has ruled they are not retroactive under federal law. Justice John Paul Stevens wrote for the majority in Danforth v. Minnesota (06-8273). Chief Justice John G. Roberts, Jr., dissented, joined by Justice Anthony M. Kennedy. The issue in the case is whether the so-called ?Teague? formula (Teague v. Lane) for deciding when a Supreme Court ruling on criminal procedure is to apply to earlier cases was binding on the states...continue to full post

Full post as published by Sentencing Law and Policy on February 20, 2008 (boomark / email).