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U.S. v. Battle, No. 1:01-cv-2620-ODE (S.D.Ga.) (264 F.Supp.2d 1088) (April 30, 2003) (Judge Orinda D. Evans)

In this lengthy, 260-page decision, Judge Evans held that the rule established in Ring v. Arizona, 536 U.S. 584 (2002), was merely a new rule of criminal procedure that could not be applied retroactively to cases on collateral appeal.

In sharp contrast to the rationale set forth in the Ninth ...

 

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