Delaware Human and Civil Rights Commission v. Schell Brothers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that instructions containing error of state law do not give rise to federal habeas relief
• holding that a canine sniff is not a search when police are lawfully present in the area where it takes place
• concluding that the new rule of Falconer v. Lane, 905 F.2d 1129 (7th Cir.1990) — holding unconstitutional jury instructions that allowed murder convictions without consideration of a diminished mental state — is not watershed
• noting that the error was “inherently prejudicial,” but also examining the record to determine that the lesser included offense was raised by the evidence
• holding that subject to two narrow exceptions, a case that is decided after a defendant’s conviction and sentence have become final may not provide the basis for federal habeas relief if that case announces a “new rule”
• holding that subject to two narrow exceptions, a case that is decided after a defendant's conviction and sentence have become final may not provide the basis for federal habeas relief if that case announces a \new rule\

Source: CourtListener parenthetical corpus (CC0).