Fed Courts -- Teague question Forum

123kl · Post by **123kl** » Mon Apr 28, 2014 6:04 pm

I have a quick question about the Teague exceptions. I just wanted to confirm that the exceptions are ONLY about new rules MADE BY THE SUPREME COURT. That is, you could not invoke the Teague exceptions if the state supreme court made a new rule. Is that right?

Thanks so much! Your help is much appreciated.

Nelson · Post by **Nelson** » Mon Apr 28, 2014 6:08 pm

123kl wrote:I have a quick question about the Teague exceptions. I just wanted to confirm that the exceptions are ONLY about new rules MADE BY THE SUPREME COURT. That is, you could not invoke the Teague exceptions if the state supreme court made a new rule. Is that right?

Thanks so much! Your help is much appreciated.

Not just Teague: it's codified in 2254(d)(1) that the decision has to come from the Supreme Court.

123kl · Post by **123kl** » Mon Apr 28, 2014 8:30 pm

Right. Thank you!

Nelson · Post by **Nelson** » Mon Apr 28, 2014 8:59 pm

123kl wrote:Right. Thank you!

BTW, in your original hypo, a state supreme court decision would be meaningless to habeas. Federal habeas only gives you potential relief based on federal law.

Fed Courts -- Teague question Forum

Fed Courts -- Teague question

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