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Whorton v. Bockting

Docket No.: 05-595
Certiorari Granted: May 15 2006
Argued: November 1, 2006
Decided: February 28, 2007

Topics:

ADA, Confrontation Clause, criminal procedure, Death Penalty, EPA, habeas, habeas corpus

PartyNames: WHORTON, DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS v. BOCKTING
Petitioner: Whorton
Respondent: Bockting

Court Below: United States Court of Appeals for the Ninth Circuit

Whorton
v.
Bockting
549 U.S. 406 (2007)
Question Presented:

I. Whether, in direct conflict with the published opinions of the Second, Sixth, Seventh, and Tenth Circuits, the Ninth Circuit erred in holding that this Court's decision in Crawford v. Washington, 541 U.S. 36 (2004) regarding the admissibility of testimonial hearsay evidence under the Sixth Amendment, applies retroactively to cases on collateral review.II. Whether the Ninth Circuit's ruling that Crawford applies retroactively to cases on collateral review violates this Court's ruling in Teague v. Lane, 489 U.S. 288 (1989).III. Whether, in direct conflict with the published decisions of the Fourth and Seventh Circuits, the Ninth Circuit erred in holding that 28 U.S.C. ยง 2254 (d) (1) and (2) adopted the Teague exceptions for private conduct which is beyond criminal proscription and watershed rules.

Holding: judgment reversed and remanded
Vote: 9-0
Opinion By:
Read WHORTON V. BOCKTING opinion (PDF)

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