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Beard v. Banks

Docket No.: 02-1603
Certiorari Granted: Sep 30 2003
Argued: February 24, 2004
Decided: June 24, 2004

Topics:

Criminal Procedure, 9 U.S.C. 1, ADEPA, EPA, Eighth Amendment, Fourteenth Amendment, Fourth Amendment, criminal procedure, habeas, habeas corpus, murder, privacy, probable cause

PartyNames: Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. v. George E. Banks
Petitioner: Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.
Respondent: George E. Banks

Court Below: United States Court of Appeals for the Third Circuit
Supreme Court Docket

Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.
v.
George E. Banks
542 U.S. 406 (2004)
Question:

Does the Supreme Court's decision in Mills v. Maryland (1988) create a new rule of law that cannot be applied retroactively to award sentencing relief to a prisoner whose conviction became final before Mills was announced? 2. If Mills applies retroactively and a state supreme court rejects a Mills challenge because the jury was not told that it must unanimously agree on mitigating factors, is that decision consistent with Supreme Court precedent?

Beard v. Banks
ORAL ARGUMENT

February 24, 2004

Holding: reversed and remanded
Decision: Decision: 5 votes for Beard, 4 vote(s) against
Vote: 5-4
Opinion By: Justice Clarence Thomas

Beard v. Banks
Case Documents

1Slip Opinion in Beard v. Banks (Opinion by )
2Opinion in Beard v. Banks
3Opinion in Beard v. Banks
Additional documents for this case are pending review.