PETITION FOR A WRIT OF CERTIORARI - SCOTUSblog

More documents

Recommendations

Info

QUESTIONS PRESENTED 1. Are state supreme courts required to use the standard announced in Teague v. Lane, 489 U.S. 288 (1989), to determine whether United States Supreme Court decisions apply retroactively to state-court criminal cases, or may a state court apply state-law- or state-constitution-based retroactivity tests that afford application of Supreme Court decisions to a broader class of criminal defendants than the class defined by Teague? 2. Did Crawford v. Washington, 541 U.S. 36 (2004), announce a “new rule of constitutional criminal procedure,” as Teague defines that phrase and, if it did, was it a watershed rule of procedure subject to full retroactive application?
IN THE SUPREME COURT OF THE UNITED STATES ____________________________________________ PETITION FOR WRIT OF CERTIORARI ________________________ Petitioner Stephen Danforth respectfully prays that a writ of certiorari issue to review the judgment below. OPINION BELOW The opinion of the Minnesota Supreme Court appears at appendix A to this petition. The court’s opinion is published at 718 N.W.2d 451 (Minn. 2006). JURISDICTION The Minnesota Supreme Court issued its decision on July 27, 2006. A copy is attached at appendix A. The Minnesota Supreme Court entered final judgment on the appeal on October 10, 2006. A copy of the judgment is attached at appendix B. The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). 1
Page 1: No. ________ ___________ In the SUP
Page 5 and 6: Petitioner appealed his conviction.
Page 7 and 8: determining the retroactivity of a
Page 9 and 10: Beard v. Banks, 542 U.S. 406, 411 (
Page 11 and 12: 1950-51 (2006) (Stevens, J., concur
Page 13 and 14: At least one state supreme court ha
Page 15 and 16: indeed, “free and unfettered” t
Page 17 and 18: its citizens any greater protection
Page 19 and 20: File No. 05-595). Because Minnesota
Page 21: INDEX TO APPENDICES APPENDIX A: Opi

PETITION FOR A WRIT OF CERTIORARI - SCOTUSblog

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?