SCOTUScast 2-22-08 featuring Stephen McAllister

On February 20th, 2008 the Supreme Court decided Danforth v. Minnesota.  The Court was asked to consider whether state supreme courts are required to use the standard announced in Teague v. Lane, 489 U.S. 288 (1989), to determine whether United States Supreme Court decisions apply retroactively to state-court criminal cases, or whether a state court may apply state-law- or state-constitution-based retroactivity tests that afford application of Supreme Court decisions to a broader class of criminal defendants than the class defined by Teague. The Court held that Teague does not constrain the authority of state courts to give broader effect to new rules of criminal procedure than is required by that opinion. In this episode of SCOTUScast, Kansas University Law School professor and Solicitor General of Kansas Stephen McAllister discusses the case.

 

Click HERE for a previous SCOTUScast featuring Professor McAllister's thoughts on the oral arguments for Danforth v. Minnesota.

 

[Return to the SCOTUScast menu]