What is the meaning of a "new rule"?
MultiRegion, United States of America
The following excerpt is from Harris v. Vasquez, 913 F.2d 606 (9th Cir. 1990):
A case "announces a new rule when it breaks new ground or imposes a new obligation on the States or the federal government." Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 1070, 103 L.Ed.2d 334 (1989). The Ake right and obligation were new.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18? (Canada (Federal), Canada)
What is the meaning of the federal rule of criminal procedure 41(g) of the Federal Rule of Criminal Procedure? (MultiRegion, United States of America)
What is the difference between the good faith rule and the bad faith rule? (MultiRegion, United States of America)
What is the cost of an assessment of costs under Rule 140(3) of the Rules of Civil Procedure? (Canada (Federal), Canada)
Is Rule 317 of the Rules of Civil Procedure sufficient to support a fishing expedition? (Canada (Federal), Canada)
Does the rule of Enmund, or is it a "watershed rule of criminal procedure" comparable to Gideon v. Wainwright or Saffle v. Saffle? (MultiRegion, United States of America)
What is the standard for disclosure of documents pursuant to Rule 6(1)(d and 5) of the Rules of Civil Procedure? (Canada (Federal), Canada)
What is the test for a rule similar to section 172 of the Rules of Civil Procedure? (Canada (Federal), Canada)
What is the test for interpreting the meaning of an enactment in its ordinary grammatical meaning? (Canada (Federal), Canada)
Can a statement of claim be struck out under Rule 419(1)(a) of the Rules of Civil Procedure? (Canada (Federal), Canada)
