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Criminal Procedure

1990

Cornell University Law School

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Full-Text Articles in Law

The Changing Face Of Retroactivity, John H. Blume, William Pratt Jul 1990

The Changing Face Of Retroactivity, John H. Blume, William Pratt

Cornell Law Faculty Publications

Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicially limit the scope of federal habeas corpus review. In Teague, a plurality of the Court held that new rules of criminal procedure do not apply retroactively to cases which have already become final on direct review at the time the new rule is decided. Thus, in most cases, a petitioner in collateral proceedings will not receive the benefit of any new rules decided after his conviction is affirmed on direct appeal and the United States Supreme Court denies certiorari. Moreover, a ...