1. Are state supreme courts required to use the standard announced in Teague v. Lane, 489 U.S. 288 (1989), to determine whether United States Supreme Court decisions apply retroactively to state-court criminal cases, or may a state court apply state-law- or state-constitution-based retroactivity tests that afford application of Supreme Court decisions to a broader class of criminal defendants than the class defined by Teague?
2. Did Crawford v. Washington, 541 U.S. 36 (2004), announce a "new rule of constitutional criminal procedure," as Teague defines that phrase and, if it did, was it a watershed rule of procedure subject to full retroactive application?Question:
When determining whether Supreme Court decisions on constitutional rules of criminal procedure apply retroactively, may state supreme courts use state-law retroactivity standards that are broader than the standard in Teague v. Lane?