Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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State v. Booth-Harris

Docket: 18-0002

Opinion Date: April 24, 2020

Judge: Thomas D. Waterman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction of first-degree murder after declining Defendant's invitation to change constitutional precedent to further limit the admissibility of eyewitness identifications following police photo arrays, holding that the double-blind procedures used in this case were not unduly suggestive and that Defendant received effective assistance of counsel. On appeal, Defendant argued (1) because the police used unduly suggestive photographic identification procedures the district court erred by failing to grant his motion to suppress the resulting identification; and (2) trial counsel was ineffective for failing to request jury instructions on eyewitness identifications that reflect modern scientific research. The court of appeals affirmed the conviction while preserving for possible postconviction relief action Defendant's ineffective assistance of counsel claim. The Supreme Court affirmed in part and vacated in part the court of appeals' decision, holding (1) the eyewitness identification was not unduly suggestive; and (2) contrary to the decision of the court of appeals, the record was adequate to decide the ineffective assistance of counsel claim challenging the jury instruction on eyewitness identification, and this claim is rejected on the merits.

State v. Doolin

Docket: 17-1715

Opinion Date: April 24, 2020

Judge: Thomas D. Waterman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court vacated in part and affirmed in part the decision of the court of appeals declining relief on Defendant's claims that his trial counsel provided ineffective assistance for failing to object to the crime victim's first-time, in-court identification of Defendant, holding that Defendant's trial counsel did not provide constitutionally deficient representation for failing to object to the victim's trial testimony. The court of appeals affirmed Defendant's conviction, concluding that the record was inadequate to decide Defendant's ineffective-assistance-of-counsel claims but preserved those claims for post conviction proceedings. The Supreme Court vacated the judgment in part, holding (1) the record was adequate to decide Defendant's ineffective-assistance-of-counsel claim, but the claim is rejected because precedent permits first-time, in-court identifications; and (2) the court of appeals decision stands on the remaining issues.