Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown)
Loaded on Feb. 1, 2005
published in Punch and Jurists
February 07, 2005
Filed under:
Retroactivity,
Punch And Jurists.
In this case, a divided panel from the Ninth Circuit held that the Supreme Court’s landmark Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) was retroactive for purposes of Federal habeas petitions. In Crawford, the Supreme Court reversed a long line of decisions and set forth a ...
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More from this issue:
- Roper v. Simmons, No. 03-633 (U.S. Supreme Court) (543 U.S. 551; 125 S.Ct. 1183) (March 1, 2005) (Justice Kennedy)
- U.S. v. Kelley, No. 8:04CR211 (D.Neb.) (355 F.Supp.2d 1031) (February 1, 2005) (Judge Joseph F. Bataillon)
- Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor)
- Padilla v. Hanft, No. Civ. No. 2:04-2221-26AJ (D.S.C.) (389 F.Supp.2d 678) (February 28, 2005) (Judge Henry F. Floyd)
- U.S. v. Peach, No. No. C4-04-33 (D.N.D.) (356 F.Supp.2d 1018) (February 15, 2005) (Judge Daniel L. Hovland)
- Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown)
- U.S. v. Paladino, No. 03-2296 (7th Cir.) (401 F.3d 471) (February 25, 2005) (Judge Richard A. Posner)
- Smith v. Massachusetts, No. 03-8661 (U.S. Supreme Court) (543 U.S. 462; 125 S.Ct. 1129) (February 22, 2005) (Justice Scalia)
- U.S. v. Pelullo, No. 02-2710 (3rd Cir.) (399 F.3d 197) (February 25, 2005) (Judge Leonard I. Garth)
- U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman)
More from these topics:
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025. Retroactivity, Criminal Procedure, Federal Rules of Criminal Procedure, Eyewitness Identification.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, Oct. 1, 2024. Sex Offender Registration, Retroactivity.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, Feb. 15, 2024. Retroactivity, Murder/Felony Murder.
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, Oct. 1, 2023. Retroactivity, U.S. Sentencing Guidelines, Resentencing.
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, April 15, 2023. Retroactivity.
- Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, Feb. 15, 2023. Retroactivity, U.S. Sentencing Guidelines, Compassionate Release.
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, Sept. 15, 2022. Retroactivity, Burden of Proof.
- California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), Aug. 15, 2022. Retroactivity, Mental Health, Reliance on Psychologist's Report.