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Univ. of San Diego School of Law

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Tuesday, October 31, 2006

SCOTUS to Hear Whorton v. Bockting Today

Supreme_court_20_2Today the Supreme Court will hear oral argument in the Whorton v. Bockting case.

Question Presented: (1) Whether, in direct conflict with opinions of the 2nd, 6th, 7th and 10th circuits, the 9th Circuit erred in holding that the Supreme Court's 2004 decision in Crawford v. Washington regarding the admissibility of testimonial hearsay evidence under the 6th Amendment, applies retroactively to cases on collateral review? (2) Whether the 9th Circuit's ruling that Crawford applies retroactively to cases on collateral review violates the Supreme Court's 1989 ruling in Teague v. Lane? (3) Whether, in direct conflict with opinions of the 4th and 7th circuits, the 9th Circuit erred in holding that 28 U.S.C. sec. 2254(d)(1) and (2) adopted the Teague exceptions for private conduct which is beyond criminal prosecution and watershed rules? Details. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2006/11/scotus_to_hear_.html

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Comments

hi! does anybody know what questions are presented and what could possibly be the courts decision and why? thnx..kaila

Posted by: kaila | Dec 11, 2006 4:05:23 PM

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