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Wilson v. Illinois

488 U.S. 902 Court SCOTUS Decision date 1988-10-11 Docket No. 88-5315 English

Judges Justice Brennan joins, dissenting.

Decision Majority (1) · Dissent — Marshall J.

Contents
p. 902
No. 88-5315.
Wilson v. Illinois.

Sup. Ct. 111. Certiorari denied.

with whom

Justice Brennan joins, dissenting.

For the reasons stated in Lego v. Illinois, post this page (Marshall, J., dissenting), I would grant the petition in order to resolve the question whether a state court, when recognizing a new federal constitutional rule governing criminal procedure, is bound by the retroactivity principles fashioned by this Court, and if so, whether the principle of retroactivity announced in Griffith v. Kentucky, 479 U. S. 314 (1987), applies to a state-court decision recognizing such a rule, notwithstanding the state court’s pre Gñ'iffith determination that, under the retroactivity decisions of this Court then in force, the new rule would be given prospective application only. I dissent.

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