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Rogers Vs. Tennessee
Cites for this judgment
- US Supreme Court
- Nov 01, 2000
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U.S. 451 (2000) October Term, 2000 Syllabus Rogers V. TennesseeSearch
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died by the defendant's act within a year and a day of the act, see, e. g., Louisville, E. & St. L. R. Co. v. ClarkeSearch
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legislative Acts. The court also concluded that application of its decision to petitioner would not run afoul of Bouie v. CitySearch
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more basic and general principle of fair warning that Bouie so clearly articulated. See, e. g., United States v. LanierSearch
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had died by the defendant's act within a year and a day of the act. See, e. g., Louisville, E. & St. L. R. Co. v. ClarkeSearch
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grounds. The court observed that it had recognized the viability of the year and a day rule in Tennessee in Percer v. StateSearch
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constitutional provisions, the court observed, refer only to legislative Acts. The court then noted that in Bouie v. CitySearch
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S. W. 2d, at 402 (quoting Bouie v. CitySearch
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Dall. 386, 390 (1798) (seriatim opinion of Chase, J.) (emphasis deleted). Accord, Carmell v. TexasSearch
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Marks v. UnitedSearch
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that limitations on ex post facto judicial decisionmaking are inherent in the notion of due process. In Bouie v. CitySearch
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see id., at 350-352 (discussing, inter alia, United States v. HarrissSearch
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U. S. 612 (1954), Lanzetta v. NewSearch
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Jersey, 306 U. S. 451 (1939), and Connally v. GeneralSearch
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and retroactive judicial expansion of statutory language that appears narrow and precise on its face. Bouie v. CitySearch
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and vindictive use of the laws. Brief for Petitioner 12-18. While this is undoubtedly correct, see, e. g., Lynce v. MathisSearch
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James v. UnitedSearch
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Bouie v. CitySearch
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science have so undermined the usefulness of the rule as to render it without question obsolete. See, e. g., People v. CarrilloSearch
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Commonwealth v. LewisSearch
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People v. StevensonSearch
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State v. HeflerSearch
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mention of the rule in Tennessee, and the only mention of it by the Supreme Court of that State, was in 1907 in Percer v. StateSearch
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in which the date of the victim's death was not even in issue. Sixty-seven years after Percer, the court in Cole v. StateSearch
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the victim's death in a drag-racing crash. Id., at 601. 466 Twenty-one years after that, in State v. RuaneSearch
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which we held could not retroactively be eliminated in Carmell v. TexasSearch
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by the Ex Post Facto Clause of Article 1. We first discussed the relationship between these two Clauses in Bouie v. CitySearch
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of Columbia, 378 U. S. 347 (1964). There, we considered Justice Chase to have spoken for the Court in Calder v. BullSearch
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see Schick v. UnitedSearch
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Horwitz 7, quoting Blackwell v. WilkinsonSearch
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The Harrisburg, 119 U. S. 199 , 213-214 (1886), overruled by Moragne v. StatesSearch
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Great Northern R. Co. v. SunburstSearch
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Syllabus Rogers V. TennesseeSearch
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Louisville, E. & St. L. R. Co. v. ClarkeSearch
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of Bouie v. CitySearch
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Percer v. StateSearch
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Accord, Carmell v. TexasSearch
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In Bouie v. CitySearch
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Lanzetta v. NewSearch
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and Connally v. GeneralSearch
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People v. CarrilloSearch
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Cole v. StateSearch
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