Home / Case Digests / 00-5961 Tyler v. Cain

00-5961 Tyler v. Cain

"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 ...

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