Topic
Retroactivity
265 published works
Sentencing Law and Policy
Lots ofMontgomeryGVRs in latest SCOTUS order list
Main March 7, 2016Lots of Montgomery GVRs in latest SCOTUS order listI am on a plane this morning on my way to the Alternative Sentencing Key-Stakeholder Summit (ASKS) taking place…
Sentencing Law and Policy
Pennsylvania, thanks toMontgomery, now forced to struggle throughMillerretroactivity
Main February 12, 2016Pennsylvania, thanks to Montgomery, now forced to struggle through Miller retroactivityThis local article, headlined "Pa. courts scramble to catch up to juvenile-lifers decision," reports on how the…
Sentencing Law and Policy
What should we expect afterMontgomeryfrom states that had resistedMillerretroactivity?
Main January 27, 2016What should we expect after Montgomery from states that had resisted Miller retroactivity?The question in the title of this post is prompted by this extended and effective…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in Montgomery v. Louisiana: Supreme Court Jurisdiction, State Courts, and Retroactivity
Today the Supreme Court issued a 6-3 decision in Montgomery v. Louisiana, which involves the retroactive effect of the Supreme Court’s 2012 decision in Miller v. Alabama (where the Court prohibited…
Sentencing Law and Policy
SCOTUS grants cert onJohnson/ACCA vagueness retroactivity!
Main January 8, 2016SCOTUS grants cert on Johnson/ACCA vagueness retroactivity!The new year is off to quite a start for federal sentencing fans: in addition to lots of notable action by…
Sentencing Law and Policy
Might SCOTUS take upJohnsonretroactivity ASAP via Texas case appealed from district court?
Main January 8, 2016Might SCOTUS take up Johnson retroactivity ASAP via Texas case appealed from district court? Hard-core federal sentencing fans (and/or obsessive readers of this blog) know that lower…
Sentencing Law and Policy
Updating the bubbling lower-court vagueness mess six months afterJohnson
Main December 18, 2015Updating the bubbling lower-court vagueness mess six months after JohnsonOver at Casetext, Leah Litman has this effective and extensive new commentary (with lots of links) titled "Circuit…
Sentencing Law and Policy
“Is the Solicitor General Playing a Shell Game With the Supreme Court OverJohnsonRetroactivity?”
Main December 17, 2015"Is the Solicitor General Playing a Shell Game With the Supreme Court Over Johnson Retroactivity?"The title of this post is the title of this notable, lengthy commentary…
Sentencing Law and Policy
Should SCOTUS deal withJohnsonretroactivity through an original habeas petition?
Main November 16, 2015Should SCOTUS deal with Johnson retroactivity through an original habeas petition?The question in the title of this post should get habeas and/or sentencing geeks like me really…
Sentencing Law and Policy
“The Retroactivity Roadmap”
Main November 3, 2015"The Retroactivity Roadmap"The title of this post is the title of this notable new essay by William Berry III available via SSRN. Here is the abstract: In…