Does a new judicial rule governing criminal procedure apply retroactively to all cases, state and federal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hudson, 100 F.3d 1409 (9th Cir. 1996):
1 We note that a new judicial rule governing criminal procedure is to be applied retroactively to all cases, state and federal, that are pending on direct review or otherwise not final at the time the rule is announced. Griffith v. Kentucky, 479 U.S. 314, 328, 93 L. Ed. 2d 649, 107 S. Ct. 708 (1987).
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