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Pennsylvania Supreme Court on Miller Retroactivity

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On Wednesday, the Pennsylvania Supreme Court decided Commonwealth v. Cunningham, on the question of whether the U.S. Supreme Court decision in Miller v. Alabama is retroactive to cases already final on direct appeal before Miller was decided under the principles established by the Supreme Court under Teague v. Lane.

The court correctly decides that the answer to that question is no.  Under the Teague rule, new procedural rules such as Miller apply to cases still on direct appeal, but not to cases where the judgment is final on appeal.

An item originally in today's News Scan, which I have since deleted, summarized a news article that got the key date wrong.  It said Miller would not be retroactive to anyone sentenced before the date of that decision.

State courts can extend retroactivity in state collateral review further than Teague, the Supreme Court said in Danforth.  The Pennsylvania Supreme Court indicated that it was not deciding that question because the defendant did not ask it to.

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