Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
Tuesday, September 13, 2005
Federal courts lack authority to review state court retroactivity decisions
In Warren v. Kyler, No. 03-2190 (Sept. 7, 2005), the Third Circuit concluded that it lacked the authority to apply a new state court decision retroactively in a federal habeas proceeding where the state court had already declined to give retroactive effect to the case. The Court noted that nothing in the United States constitution requires retroactive application of state court decisions on criminal matters and, thus, the state courts are free to determine the retroactivity of their own jurisprudence.
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The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.
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