In what circumstances will a new constitutional rule of criminal procedure be retroactive in a final case on collateral review?

MultiRegion, United States of America

The following excerpt is from Allen v. Bunnell, 891 F.2d 736 (9th Cir. 1989):

Secondly, application of the three factors traditionally used in analyzing whether a new constitutional rule of criminal procedure should be given retroactive effect in final cases on collateral review yields the same result. These factors are as follows: "(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards." Allen v. Hardy, 478 U.S. 255, 258, 106 S.Ct. 2878, 2880, 92 L.Ed.2d 199 (1986) (citations omitted).

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