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Criminal

Jul. 24, 2001

Magic Words

In its recent decision, Tyler v. Cain, 2001 U.S.LEXIS 4909 (June 28, 2001), the Supreme Court held that its prior holding declaring a jury instruction unconstitutional was not retroactive to other inmates filing successive habeas corpus petitions because it had not expressly held the new rule to be retroactive.

        By Laurie L. Levenson
        
        In its recent decision, Tyler v. Cain, 2001 U.S.LEXIS 4909 (June 28, 2001), the Supreme Court held that its prior holding declaring a jury instruction unconstitutional was not retroactive to other inmates filing successive habeas corpus petitions because it had not expressly held the ne...

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