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Beard Vs. Banks
Cites for this judgment
- US Supreme Court
- Jun 24, 2004
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Syllabus October Term, 2003 Beard V. BanksSearch
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Supreme Court of the United States Beard, Secretary, Pennsylvania Department of Corrections, Et Al. V. BanksSearch
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s murder conviction and death sentence were upheld by the Pennsylvania Supreme Court, this Court decided Mills v. MarylandSearch
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U. S. 367 , and McKoy v. NorthSearch
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he turned to the federal courts. Ultimately, the Third Circuit applied the analytical framework set forth in Teague v. LaneSearch
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Brief any citation in this list with AI Studio
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reaching its conclusion in Mills and McKoy , this Court relied on a line of cases beginning with Lockett v. OhioSearch
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Dell v. NetherlandSearch
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guidance as to what might do so, the Court has repeatedly, and only, referred to the right-to-counsel rule of Gideon v. WainwrightSearch
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Ginsburg, and Breyer, JJ., joined. Souter, J., filed a dissenting opinion, in which Ginsburg, J., joined. Beard v. BanksSearch
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Opinion of the Court Beard V. BanksSearch
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States No. 02-1603 Jeffrey a. Beard, Secretary, Pennsylvania Department of Corrections, Et Al., Petitioners V. GeorgeSearch
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Justice Thomas delivered the opinion of the Court. In Mills v. MarylandSearch
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U. S. 367 (1988), and McKoy v. NorthSearch
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review to a defendant whose conviction became final in 1987. Under our retroactivity analysis as set forth in Teague v. LaneSearch
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s conviction and sentence on direct review. See Commonwealth v. BanksSearch
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Pa. 318, 521 A. 2d 1 (1987). Direct review ended when this Court denied certiorari on October 5, 1987. Banks v. PennsylvaniaSearch
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the Mills principle, but the Pennsylvania Supreme Court rejected this claim on the merits. See Commonwealth v. BanksSearch
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A. 2d 467 (1995). Respondent then turned to the federal courts. Although the District Court denied relief, Banks v. HornSearch
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s death sentence, Banks v. HornSearch
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In reaching its decision, the Court of Appeals declined to apply the retroactivity analysis set forth in Teague v. LaneSearch
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Horn v. BanksSearch
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Banks I) . On remand, the Court of Appeals considered the retroactive application of Mills . Banks v. HornSearch
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s decisions in Lockett v. OhioSearch
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U. S. 586 (1978), Eddings v. OklahomaSearch
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of criminal procedure applies to a case on collateral review involves a three-step process. See, e.g., Lambrix v. SingletarySearch
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U. S. 383 , 390 (1994). See also Clay v. UnitedSearch
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in death penalty cases. See, e.g., Commonwealth v. DeHartSearch
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Commonwealth v. BillaSearch
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Pa. 168, 181, 555 A. 2d 835, 842 (1989). But this practice, which the court has abandoned, see Commonwealth v. AlbretchtSearch
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Commonwealth v. FreemanSearch
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Court has expressly stated, in a capital case, that it would decline to apply Mills retroactively. Commonwealth v. PeterkinSearch
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its discretion, decline to enforce an available procedural bar and choose to apply a new rule of law. Cf. Wainwright v. SykesSearch
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new rules to cases on collateral review may be more intrusive than the enjoining of criminal prosecutions, cf. Younger v. HarrisSearch
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In reaching its conclusion, the Court in Mills and McKoy relied on a line of cases beginning with Lockett v. OhioSearch
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U. S. 586 (1978) (plurality opinion), and Eddings v. OklahomaSearch
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See also Skipper v. SouthSearch
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s relevant cases addressed individual jurors, see, e.g., Hitchcock v. DuggerSearch
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U. S. 393 (1987), a trend that continued even after Mills , see, e.g., Saffle v. ParksSearch
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opinion of Scalia, J.). For this distinction, the dissent relied on Saffle v. ParksSearch
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In providing guidance as to what might fall within this exception, we have repeatedly referred to the rule of Gideon v. WainwrightSearch
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