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Griffith Vs. Kentucky
Cites for this judgment
- US Supreme Court
- Jan 13, 1987
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U.S. 314 (1987) U.S. Supreme Court Griffith v. KentuckySearch
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U.S. 314 (1987) Griffith v. KentuckySearch
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U.S. 314 Certiorari to the Supreme Court of Kentucky Syllabus in Batson V. KentuckySearch
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the opinion of the Court. These cases, one state and one federal, concern the retrospective application of Batson v. KentuckySearch
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that the prosecutor's use of peremptory challenges deprived him of guaranteed equal protection. It relied on Swain v. AlabamaSearch
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timely filed here a petition for a writ of certiorari. While his petition was pending, this Court decided Batson v. KentuckySearch
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supra, where it rejected a portion of the reasoning of Swain v. AlabamaSearch
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on which the Kentucky court had relied. 476 U.S. at 476 U. S. 89 -96. Two months later, in Allen v. HardySearch
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a three-pronged analysis for claims of retroactivity of new constitutional rules of criminal procedure. See Linkletter v. WalkerSearch
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Brief any citation in this list with AI Studio
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U. S. 618 (1965). In Linkletter, the Court held that Mapp v. OhioSearch
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U.S. at 381 U. S. 636 . See also Page 479 U. S. 321 Stovall v. DennoSearch
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and to convictions pending on direct review. See Johnson v. NewSearch
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were held not to apply retroactively either to final cases or to cases pending on direct review. See, e.g., Stovall v. DennoSearch
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Desist v. UnitedSearch
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U. S. 31 (1975) (per curiam). In United States v. JohnsonSearch
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Id. at 457 U. S. 548 (quoting Desist v. UnitedSearch
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applying new rules retroactively to cases in the latter category, was explained at length by Justice Harlan in Desist v. UnitedSearch
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States, 394 U.S. at 394 U. S. 256 (dissenting opinion), and in Mackey v. UnitedSearch
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States, 401 U. S. 667 , 401 U. S. 675 (1971) (opinion concurring in judgment). In United States v. JohnsonSearch
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Mackey v. UnitedSearch
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Ibid. See United States v. JohnsonSearch
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application of new rules violates the principle of treating similarly situated defendants the same. See Desist v. UnitedSearch
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States, 394 U.S. at 394 U. S. 258 -259 (Harlan, J., dissenting). As we pointed out in United States v. JohnsonSearch
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Ibid. Page 479 U. S. 324 In United States v. JohnsonSearch
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with past precedent -- is the one at issue in these cases. We described it in United States v. JohnsonSearch
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S. 248 , it almost invariably has gone on to find such a newly minted principle nonretroactive. See United States v. PeltierSearch
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Williams v. UnitedSearch
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a retroactive application of the new rule -- have virtually compelled a finding of nonretroactivity. See, e.g., Gosa v. MaydenSearch
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that lower courts had uniformly approved. Id. at 457 U. S. 551 . The Fourth Amendment ruling in Payton v. NewSearch
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York, 445 U. S. 573 (1980), with which United States v. JohnsonSearch
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exception. 457 U.S. at 457 U. S. 553 -554. In Shea v. LouisianaSearch
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U. S. 51 (1985), we applied United States v. JohnsonSearch
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and held that the Fifth Amendment rule announced in Edwards v. ArizonaSearch
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retroactive effect than a Fifth Amendment rule. 470 U.S. at 470 U. S. 59 . In addition, as in United States v. JohnsonSearch
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exception. The previous Term, in Solem v. StumesSearch
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with the past, however, is squarely before us in the present cases. In Allen v. HardySearch
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should be retroactive to cases pending on direct review. For the same reasons that persuaded us in United States v. JohnsonSearch
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regardless of the specific characteristics of the particular new rule announced. The Court recognized in United States v. JohnsonSearch
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same problem of not treating similarly situated defendants the same. James Kirkland Batson, the petitioner in Batson v. KentuckySearch
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Hankerson v. NorthSearch
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Carolina, 432 U. S. 233 , 432 U. S. 247 (1977) (opinion concurring in judgment), quoting Desist v. UnitedSearch
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States, 394 U.S. at 394 U. S. 255 (Douglas, J., dissenting). See also Michigan v. PayneSearch
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Page 479 U. S. 328 one of many similarly situated defendants receives the benefit of the new rule. United States v. JohnsonSearch
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Together with No. 85-5731, Brown v. UnitedSearch
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