Whorton v. Bockting

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of respondent.

Brief filed: 09/20/2006


Whorton v. Bockting

United States Supreme Court; Case No. 05-595


The United States Court of Appeals for the Ninth Circuit correctly held that the new rule announced in Crawford v. Washington, 541 U.S. 36 (2004), satisfies the test established by this Court in Teague v. Lane, 489 U.S. 288 (1989), that a new procedural rule applies retroactively to cases on collateral review if such rule is a watershed rule by implicating “the fundamental fairness of the trial.”

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Jeffrey T. Green and Marianne T. Caulfield, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwestern University, Chicago, Ill.