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Teague Vs. Lane

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  • US Supreme Court
  • Feb 22, 1989

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80 entries 3 linked 77 unlinked
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  1. Allen Vs. Hardy US Supreme Court · Jun 30, 1986
    Relied / Followed
  2. Robinson Vs. Neil US Supreme Court · Jan 16, 1973
  3. Stovall Vs. Denno US Supreme Court · Jun 12, 1967
  4. U.S. 288 (1989) U.S. Supreme Court Teague v. Lane
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  5. U.S. 288 (1989) Teague v. Lane
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  6. argued that the opinions of several Justices concurring in and dissenting from the denial of certiorari in McCray v. New
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  7. York, 461 U.S. 961, had invited a reexamination of Swain v. Alabama
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  8. Court of Appeals voted to rehear the case en banc, and postponed rehearing until after this Court's decision in Batson v. Kentucky
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  9. of Appeals then held that petitioner could not benefit from the Batson rule because, in the meantime, Allen v. Hardy
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  10. or on direct appeal, he forfeited review of the claim in collateral proceedings in the state courts. Under Wainwright v. Sykes
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  11. Justice O'Connor, Joined by the Chief Justice, Justice Scalia, and Justice Kennedy, Concluded in Parts IV and V. That
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  12. Mackey v. United
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  13. which the likelihood of an accurate conviction is seriously diminished. An examination of the decision in Taylor v. Louisiana
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  14. urged by petitioner is an acceptable application in collateral proceedings of the theories embraced in United States v. Johnson
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  15. U. S. 537 , Shea v. Louisiana
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  16. U. S. 51 , and Griffith v. Kentucky
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  17. U. S. 316 -317. JUSTICE BLACKMUN concurred in the result insofar as petitioner's claim based on Swain v. Alabama
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  18. petitioner's conviction should not be set aside for, as a matter of stare decisis, the Court's opinion in Allen v. Hardy
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  19. of his fundamental fairness exception. JUSTICE STEVENS concluded in Part II that, since petitioner's claim under Swain v. Alabama
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  20. with respect to Parts IV and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join. In Taylor v. Louisiana
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  21. representative of the community. The Illinois Appellate Court rejected petitioner's fair cross-section claim. People v. Teague
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  22. and argued that the opinions of several Justices concurring in and dissenting from the denial of certiorari in McCray v. New
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  23. York, 461 U.S. 961 (1983), had invited a reexamination of Swain v. Alabama
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  24. the Court of Appeals voted to rehear the case en banc, and the panel opinion was vacated. United States ex rel. Teague v. Lane
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  25. F.2d 1332 (CA7 1985) (en banc) (Cudahy, J., dissenting). Rehearing was postponed until after our decision in Batson v. Kentucky
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  26. was decided, the Court of Appeals held that petitioner could not benefit from the rule in that case because Allen v. Hardy
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  27. Id. at 476 U. S. 97 . In Allen v. Hardy
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  28. a portion of Swain. 478 U.S. at 478 U. S. 258 . Employing the retroactivity standard of Linkletter v. Walker
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  29. U. S. 482 , 260 U. S. 490 (1923) (Holmes, J.). Accord, Hughes Tool Co. v. Trans
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  30. Brown v. Allen
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  31. Maryland v. Baltimore
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  32. accompanying the denial of certiorari cannot have the same effect as decisions on the merits. We find that Allen v. Hardy
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  33. Petitioner 35 (citing Batson, 476 U.S. at 476 U. S. 101 , n. (WHITE, J., concurring)). See Weathersby v. Morris
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  34. People v. Gaines
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  35. et seq. (1987), unless fundamental fairness requires that the default be overlooked. People v. Brown
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  36. The fundamental fairness exception is a narrow one, and has been applied in limited circumstances. Compare People v. Goerger
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  37. People v. Ikerd
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  38. and People v. Hamby
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  39. counsel to raise on direct appeal). It is clear that collateral relief would be unavailable to petitioner. See People v. Beamon
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  40. b) with respect to the Swain claim. See Engle v. Isaac
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  41. Williams v. Brantley
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  42. F.2d 1383, 1385-1386 (CA7 1974). Under Wainwright v. Sykes
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  43. federal habeas corpus proceeding unless he can show cause for the default and prejudice resulting therefrom. See Engle v. Isaac
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  44. Instead, he argues that the claim is not barred because it was addressed by the Illinois Appellate Court. Cf. Caldwell v. Mississippi
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  45. a prosecutor to be questioned about his use of peremptory challenges once he volunteers an explanation. See People v. Teague
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  46. and do not address its merits. Our application of the procedural default rule here is consistent with Harris v. Reed
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  47. citations and internal quotations omitted). The rule announced in Harris v. Reed
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  48. the question of retroactivity later, when a different defendant sought the benefit of that rule. See, e.g., Brown v. Louisiana
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  49. U. S. 323 (1980) (addressing retroactivity of Burch v. Louisiana
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  50. U. S. 505 (1973) (addressing retroactivity of Waller v. Florida
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