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Dodd Vs. United States

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  • US Supreme Court
  • Jun 20, 2005

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70 entries 5 linked 65 unlinked
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  1. Connecticut Nat. Bank Vs. Germain US Supreme Court · Jan 21, 1992
  2. Schriro Vs. Summerlin US Supreme Court · Jun 24, 2004
  3. United States Vs. Lopez US Supreme Court · Apr 26, 1995
  4. Tyler Vs. Cain US Supreme Court · Jun 28, 2001
  5. Teague Vs. Lane US Supreme Court · Feb 22, 1989
  6. Dodd v. United
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  7. States - 04-5286 (2005) Syllabus October Term, 2004 Dodd V. United
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  8. and 846, should be set aside because it was contrary to Richardson v. United
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  9. as to Part II, except for n. 4. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined. Dodd v. United
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  10. States - 04-5286 (2005) Opinion of the Court Dodd V. United
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  11. Supreme Court of the United States No. 04-5286 Michael Donald Dodd, Petitioner V. United
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  12. Because Dodd did not file a petition for certiorari, his conviction became final on August 6, 1997. See Clay v. United
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  13. for knowingly and intentionally engaging in a continuing criminal enterprise, based on our decision in Richardson v. United
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  14. did not begin to run until April 19, 2002, when the Court of Appeals for the Eleventh Circuit held in Ross v. United
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  15. and United States v. Lopez
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  16. CA5 2001) (same), with Pryor v. United
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  17. and United States v. Valdez
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  18. marks omitted). Because the Court of Appeals for the Eleventh Circuit did not hold the right recognized in Richardson v. United
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  19. Hartford Underwriters Ins. Co. v. Union
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  20. Planters Bank, N. A. , 530 U. S. 1 , 6 (2000) (internal quotation marks omitted). See also Tyler v. Cain
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  21. post, at 1. Justice Stevens analogizes this case to Graham County Soil & Water Conservation Dist. v. United
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  22. We therefore affirm the judgment of the Court of Appeals for the Eleventh Circuit. It is so ordered. Dodd v. United
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  23. States - 04-5286 (2005) Stevens, J., Dissenting Dodd V. United
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  24. Because the same anomalous factor is present in both this case and in Graham County Soil & Water Conservation Dist. v. United
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  25. Wilson v. Graham
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  26. See, e.g., Ring v. Arizona
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  27. U. S. 584 (2002) (applying Apprendi v. New
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  28. decision of the Supreme Court announcing a new rule. That result is certainly true for Dodd himself. Richardson v. United
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  29. See Ross v. United
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  30. reject), we should still interpret the text in a manner that would avoid such an absurd result. See, e.g., Clinton v. City
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  31. Church of Holy Trinity v. United
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  32. Congress could have intended. Although in enacting AEDPA Congress was clearly concerned with finality, see Duncan v. Walker
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  33. quoting TRW Inc. v. Andrews
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  34. one year of recognizing it. Unfortunately for such prisoners, however, this Court has never done so since Teague v. Lane
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  35. history or elsewhere in the text that Congress specifically intended such a result. See Koons Buick Pontiac GMC, Inc. v. Nigh
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  36. interpretation of this provision is the correct one. See Brief for United States as Amicus Curiae in Tyler v. Cain
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  37. Emphasis added.) See Ashley v. United
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  38. every Circuit except the Sixth Circuit, in which a prisoner would have had six months to file his petition. See Murr v. United
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  39. Jan. 7, 2000). In the five other Circuits besides the Eleventh to have decided the issue, all held Richardson v. United
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  40. See Santana-Madera v. United
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  41. Lanier v. United
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  42. United States v. Montalvo
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  43. United States v. Barajas-Diaz
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  44. Ross v. United
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  45. of Richardson , but that too was decided more than a year after Richardson itself. See United States v. Scott
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  46. and prisoners would be similarly barred from taking advantage of any such decision. Footnote 8 In Tyler v. Cain
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  47. Graham County and the approach I would take here has support in our prior case law. In Fleischmann Constr. Co. v. United
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  48. United Sav. Assn. of Tex. v. Timbers
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  49. this, see n. 8, supra, but we have never actually recognized an instance in which that has occurred. Dodd v. United
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  50. States - 04-5286 (2005) Ginsburg, J., Dissenting Dodd V. United
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