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Beard Vs. Banks

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  • US Supreme Court
  • Jun 24, 2004

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71 entries 10 linked 61 unlinked
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  1. Sawyer Vs. Smith US Supreme Court · Jun 21, 1990
  2. Saffle Vs. Parks US Supreme Court · Mar 05, 1990
    Relied / Followed
  3. Graham Vs. Collins US Supreme Court · Oct 14, 1992
  4. Caspari Vs. Bohlen US Supreme Court · Dec 06, 1993
  5. Penry Vs. Lynaugh US Supreme Court · Jun 26, 1989
  6. FranklIn Vs. Lynaugh US Supreme Court · Jun 22, 1988
  7. Teague Vs. Lane US Supreme Court · Feb 22, 1989
  8. Lambrix Vs. Singletary US Supreme Court · May 12, 1997
  9. Hitchcock Vs. Dugger US Supreme Court · Apr 22, 1987
  10. Betts Vs. Brady US Supreme Court · Jun 01, 1942
  11. Syllabus October Term, 2003 Beard V. Banks
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  12. Supreme Court of the United States Beard, Secretary, Pennsylvania Department of Corrections, Et Al. V. Banks
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  13. s murder conviction and death sentence were upheld by the Pennsylvania Supreme Court, this Court decided Mills v. Maryland
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  14. U. S. 367 , and McKoy v. North
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  15. he turned to the federal courts. Ultimately, the Third Circuit applied the analytical framework set forth in Teague v. Lane
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  16. reaching its conclusion in Mills and McKoy , this Court relied on a line of cases beginning with Lockett v. Ohio
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  17. Dell v. Netherland
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  18. guidance as to what might do so, the Court has repeatedly, and only, referred to the right-to-counsel rule of Gideon v. Wainwright
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  19. Ginsburg, and Breyer, JJ., joined. Souter, J., filed a dissenting opinion, in which Ginsburg, J., joined. Beard v. Banks
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  20. Opinion of the Court Beard V. Banks
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  21. States No. 02-1603 Jeffrey a. Beard, Secretary, Pennsylvania Department of Corrections, Et Al., Petitioners V. George
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  22. Justice Thomas delivered the opinion of the Court. In Mills v. Maryland
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  23. U. S. 367 (1988), and McKoy v. North
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  24. review to a defendant whose conviction became final in 1987. Under our retroactivity analysis as set forth in Teague v. Lane
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  25. s conviction and sentence on direct review. See Commonwealth v. Banks
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  26. Pa. 318, 521 A. 2d 1 (1987). Direct review ended when this Court denied certiorari on October 5, 1987. Banks v. Pennsylvania
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  27. the Mills principle, but the Pennsylvania Supreme Court rejected this claim on the merits. See Commonwealth v. Banks
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  28. A. 2d 467 (1995). Respondent then turned to the federal courts. Although the District Court denied relief, Banks v. Horn
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  29. s death sentence, Banks v. Horn
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  30. In reaching its decision, the Court of Appeals declined to apply the retroactivity analysis set forth in Teague v. Lane
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  31. Horn v. Banks
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  32. Banks I) . On remand, the Court of Appeals considered the retroactive application of Mills . Banks v. Horn
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  33. s decisions in Lockett v. Ohio
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  34. U. S. 586 (1978), Eddings v. Oklahoma
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  35. of criminal procedure applies to a case on collateral review involves a three-step process. See, e.g., Lambrix v. Singletary
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  36. U. S. 383 , 390 (1994). See also Clay v. United
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  37. in death penalty cases. See, e.g., Commonwealth v. DeHart
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  38. Commonwealth v. Billa
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  39. Pa. 168, 181, 555 A. 2d 835, 842 (1989). But this practice, which the court has abandoned, see Commonwealth v. Albretcht
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  40. Commonwealth v. Freeman
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  41. Court has expressly stated, in a capital case, that it would decline to apply Mills retroactively. Commonwealth v. Peterkin
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  42. its discretion, decline to enforce an available procedural bar and choose to apply a new rule of law. Cf. Wainwright v. Sykes
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  43. new rules to cases on collateral review may be more intrusive than the enjoining of criminal prosecutions, cf. Younger v. Harris
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  44. In reaching its conclusion, the Court in Mills and McKoy relied on a line of cases beginning with Lockett v. Ohio
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  45. U. S. 586 (1978) (plurality opinion), and Eddings v. Oklahoma
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  46. See also Skipper v. South
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  47. s relevant cases addressed individual jurors, see, e.g., Hitchcock v. Dugger
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  48. U. S. 393 (1987), a trend that continued even after Mills , see, e.g., Saffle v. Parks
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  49. opinion of Scalia, J.). For this distinction, the dissent relied on Saffle v. Parks
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  50. In providing guidance as to what might fall within this exception, we have repeatedly referred to the rule of Gideon v. Wainwright
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