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Retroactivity

265 published works

  1. Sentencing Law and Policy

    As expected, feds ask full Sixth Circuit to review and reverseBlewettcrack retroactivity ruling

    By Douglas Berman

    Main June 3, 2013As expected, feds ask full Sixth Circuit to review and reverse Blewett crack retroactivity rulingAs covered via a number posts on this blog, a split Sixth Circuit…

  2. Sentencing Law and Policy

    Two weeks later, has there been any significant and noteworthyBlewettblowback?

    By Douglas Berman

    Main May 30, 2013Two weeks later, has there been any significant and noteworthy Blewett blowback?As first discussed in this post and further here and here, a split panel of the…

  3. Sentencing Law and Policy

    “Crackheaded Ruling by Sixth Circuit”

    By Douglas Berman

    Main May 18, 2013"Crackheaded Ruling by Sixth Circuit" The title of this post is the headline of this new commentary by Ed Whelan at the National Review Online concerning yesterday's…

  4. Sentencing Law and Policy

    “Retroactivity and Crack Sentencing Reform”

    By Douglas Berman

    Main May 5, 2013"Retroactivity and Crack Sentencing Reform" The title of this post is the title of this new paper by Harold Krent now available via SSRN. Here is the…

  5. Sentencing Law and Policy

    SCOTUS decidesPadillaruling on IAC claims isnotretroactive inChaidez(and lots of other CJ stuff)

    By Douglas Berman

    Main February 20, 2013SCOTUS decides Padilla ruling on IAC claims is not retroactive in Chaidez (and lots of other CJ stuff) Sentencing and habeas fans have some important SCOTUS action…

  6. Sentencing Law and Policy

    Missouri dealing with pipeline sentencing issues after state changes to crack law

    By Douglas Berman

    Main February 16, 2013Missouri dealing with pipeline sentencing issues after state changes to crack law Federal sentencing practioners are well aware of the multi-year legal debate over the application of…

  7. Sentencing Law and Policy

    Two distinct Illinois appellate panels find Miller retroactive on two distinct grounds

    By Douglas Berman

    Main December 2, 2012Two distinct Illinois appellate panels find Miller retroactive on two distinct grounds Thanks to a helpful reader, I learned recently that last week was a very big…

  8. ImmigrationProf Blog

    Argument preview: The retroactive application of Padilla v. Kentucky

    By immigrationprof

    Here is my preview on SCOTUSblog of the oral argument before the Supreme Court on October 30 in Chaidez v. Holder.  The issue in that case is the retroactive application of Padilla v. Kentucky (2010),…

  9. Sentencing Law and Policy

    Intermediate Florida appeals court decidesMilleris not to apply retoractively

    By Douglas Berman

    Main September 27, 2012Intermediate Florida appeals court decides Miller is not to apply retoractively A helpful reader altered me to this (first?) significant ruling by Florida appeals court concerning the…

  10. Sentencing Law and Policy

    Pennsylvania Supreme Court hearing arguments on (first?) majorMillerretroactivity cases

    By Douglas Berman

    Main September 12, 2012Pennsylvania Supreme Court hearing arguments on (first?) major Miller retroactivity casesAs reported in this brief local article, the "Pennsylvania Supreme Court will hear arguments on two cases…