· 3/21/2024
Daleccio Molina, Carlos v. Torres Viruet, Lideliz
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Apprendi rule is not a watershed rule and declining to apply it retroactively on habeas review
- holding that Apprendi rule is not a watershed rule and declining to apply it retroactively on habeas review
- holding that Apprendi does not apply retroactively to a petition for a writ of habeas corpus under 28 U.S.C. § 2255
- holding that Apprendi did not announce a watershed rule, in part because it did not implicate “bedrock procedural elements” essential to fundamental fairness, “[ajlthough [it] altered certain aspects of indictments, trials, and sentencing proceedings”
- holding that Apprendi was procedural rule and that it was not watershed ruling that “‘alter[ed] our understanding of the bedrock procedural elements essential to the fairness of [criminal] proceedings’” (quoting Sawyer v. Smith, 497 U.S. 227, 241 (1990)
- noting that “at least seven United States Courts of Appeals have held that . . . Apprendi’s new rule does not apply retroactively . . . .”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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