00-5961 Tyler v. Cain

By: dmc-admin//July 2, 2001//

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“The only way the Supreme Court can, by itself, ‘lay out and construct’ a rule’s retroactive effect, or ’cause’ that effect ‘to exist, occur, or appear,’ is through a holding. The Supreme Court does not ‘ma[k]e’ a rule retroactive when it merely establishes principles of retroactivity and leaves the application of those principles to lower courts. In such an event, any legal conclusion that is derived from the principles is developed by the lower court (or perhaps by a combination of courts), not by the Supreme Court. We thus conclude that a new rule is not ‘made retroactive to cases on collateral review’ unless the Supreme Court holds it to be retroactive.”

Affirmed.

Local Effect:

The issue has not previously been considered by the Seventh Circuit.

Thomas, J.; O’Connor, J., concurring; Breyer, J., dissenting.

Certiorari to the United States Court of Appeals for the Fifth Circuit, 218 F.3d 744.

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