Topic
Retroactivity
265 published works
The Appellate Strategist
Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute
By Kirk Jenkins
In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of…
Sentencing Law and Policy
Supreme Court grants cert to (finally!?!) resolve whetherMillerapplies retroactively
Main December 12, 2014Supreme Court grants cert to (finally!?!) resolve whether Miller applies retroactivelyThe Supreme Court, as revealed by this order list, finally appears set to resolve an issue that…
Sentencing Law and Policy
“The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus onMiller v. Alabama”
Main November 30, 2014"The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus on Miller v. Alabama"The title of this post is the…
Sentencing Law and Policy
Split South Carolina Supreme Court declaresMillerretroactive AND applicable to state’s nonmandatory LWOP sentencing scheme
Main November 12, 2014Split South Carolina Supreme Court declares Miller retroactive AND applicable to state's nonmandatory LWOP sentencing schemeAs reported in this local article, "at least 15 South Carolina felons…
Sentencing Law and Policy
“Elevating Substance Over Procedure: The Retroactivity ofMiller v. AlabamaUnderTeague v. Lane”
Main October 15, 2014"Elevating Substance Over Procedure: The Retroactivity of Miller v. Alabama Under Teague v. Lane"The title of this post is the title of this notable new paper by…
Sentencing Law and Policy
Wyoming Supreme Court joins group deciding SCOTUSMillerruling is retroactive
Main October 10, 2014Wyoming Supreme Court joins group deciding SCOTUS Miller ruling is retroactiveAs reported in this local article, headlined "Casper man convicted of murder as a teenager now has…
Inside SALT
New York ALJ Rejects Retroactive Application of Statute
State courts generally have allowed legislatures a fair amount of flexibility in adopting retroactive statutes, but a recent New York case held that, under the circumstances presented, the retroactive application…
Sentencing Law and Policy
New Hampshire Supreme Court rulesMilleris substantive and retroactive to prior JLWOP cases
Main August 29, 2014New Hampshire Supreme Court rules Miller is substantive and retroactive to prior JLWOP casesToday the New Hampshire Supreme Court in In re Petition of State of New…
Sentencing Law and Policy
Split Michigan Supreme Court rejects retroactivity ofMillerfor hundreds of juve lifers
Main July 10, 2014Split Michigan Supreme Court rejects retroactivity of Miller for hundreds of juve lifersThough I am on the road and behind on a number of blogging fronts, a…
Sentencing Law and Policy
Two thoughtful criticisms of DOJ’s request for only limited retroactivity of proposed lower drug guidelines
Main June 12, 2014Two thoughtful criticisms of DOJ's request for only limited retroactivity of proposed lower drug guidelinesAs reported here on Tuesday, the Justice Department this week advocated to the…