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Article: Habeas corpus - retroactivity of post-conviction rulings: finality at the expense of justice. (Supreme Court Review) (Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- January 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In Gilmore v. Taylor,(1) the United States Supreme Court held that the Seventh Circuit's ruling in Falconer v. Lane,(2) which declared unconstitutional the Illinois Pattern Jury Instructions for murder and voluntary manslaughter, could not be applied retroactively to a state prisoner whose conviction became final before Falconer was decided.(3) Applying Teague v. Lane,(4) the Court determined that the Falconer holding, which invalidated jury instructions practically identical to those given at respondent Kevin Taylor's trial, could not be applied retroactively to Taylor's case because it announced a "new rule" that was not "dictated by ...