What is the impact of a new rule of substantive law on a defendant's criminal procedure?
MultiRegion, United States of America
The following excerpt is from Ingber v. Enzor, 841 F.2d 450 (2nd Cir. 1988):
1 Of course, the instant case is not concerned with retroactive application of new rules of criminal procedure which involves a different analysis. See, e.g., Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987). Because we consider the retroactive effect of a new rule of substantive law, the criminal procedure cases do not inform our decision here.
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