Case Status

2 results

SCHRIRO, DIR., AZ DOC v. SUMMERLIN, WARREN W. (42859)

    Order dated: 12/01/03
    Docket number: 03-526
    Action:
        The petition for a writ of certiorari is granted limited to Questions 1 and 2 presented by the petition.

SCHRIRO, DIR., AZ DOC v. SUMMERLIN, WARREN W. (42859)

    Order dated: 03/22/04
    Docket number: 03-526
    Action:
        The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

A description of the questions presented by the case has been prepared:

1) Did the 9th Circuit err by holding that the new rule announced in Ring v. Arizona is substantive, rather than procedural, and therefore exempt from the retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989)? (2) Did the 9th Circuit err by holding that the new rule announced in Ring applies retroactively to cases on collateral review under Teague's exception for watershed rules of criminal procedure that alter bedrock procedural principles and seriously enhance the accuracy of the proceedings?

An opinion has been handed down: