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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- 10.1 Statutes of Limitations
- 10.2 Public Trial; Presence of the Accused; Physical Restraints
- 10.3 Prejudicial Publicity
- 10.4 Burdens of Proof and Presumptions
- 10.5 Speedy Trial
- 10.6 Double Jeopardy and Collateral Estoppel
- 10.7 Confrontation and Cross-examination
- 10.8 Compulsory Process
- 10.9 Judicial or Prosecutorial Misconduct, Bias, or Disability
- 10.10 Ex Post Facto Laws
- 10.11 Retroactivity of Court Decisions and Statutes
- 10.12 Accord and Satisfaction
- Appendix 10-1 Affidavit and Agreement Based Upon Accord and Satisfaction
- Appendix 10-2 Motion to Dismiss Based on Accord and Satisfaction
- Appendix 10-3 Motion to Dismiss-statute of Limitations
- Appendix 10-4 Motion to Dismiss Indictment on Constitutional Grounds
- Appendix 10-5 Order to Secure Attendance of Out-of-state Witnesses
- Appendix 10-6 Certificate for Attendance of Out-of-state Witness
- Appendix 10-7 Petition for Certificate for Out-ofstate Witness
- Appendix 10-8 Motion for Recusal
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