10.11 Retroactivity of Court Decisions and Statutes
| Library | Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.) |
10.11 RETROACTIVITY OF COURT DECISIONS AND STATUTES
When a decision of the United States Supreme Court does nothing more than apply settled precedent to different fact situations, the ruling applies retroactively to all convictions that are on direct appeal and not yet final at the time the decision was rendered. Even when a ruling announces a "new rule" of law, that decision applies to all cases still pending on direct review in state and federal courts, and it may also apply to state collateral review...
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