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Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith
Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith
Michigan Law Review
Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …