Glen Whorton, Director, Nevada Department of Corrections v. Marvin Howard Bockting

Sixth Amendment, Testimonial Hearsay, Retroactivity

1. Whether, in direct conflict with the published opinions of the Second, Sixth, Seventh, and Tenth Circuits, the Ninth Circuit erred in holding that this court's decision in Crawford v. Washington, 541 U.S. 36 (2004) regarding the admissibility of testimonial hearsay evidence under the Sixth Amendment, applies retroactively to cases on collateral review.
   
   
2. Whether the Ninth Circuit's ruling that Crawford applies retroactively to cases on collateral review violates this court' ruling in Teague v. Lane, 489 U.S. 288 (1989).
   
   
3. Whether, in direct conflict with the published decisions of the Fourth and Seventh Circuits, the Ninth Circuit erred in holding that 28 U.S.C. § 2254(d)(1) and (2) adopted the Teague exceptions for private conduct which is beyond criminal proscription and watershed rules.

• U.S. Court of Appeals - 9th Circuit , Opinion Filed: February 22, 2005
• United States Supreme Court, Cert. Granted: May 15, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:     Parties Merits Phase Amicus Brief of the CJLF Amicus Brief of the NACDL Amicus Brief of the United States	Counsel of Record For Petitioner Glen Whorton, Director, Nevada Department of Corrections: Gerald J. Gardner Chief Deputy Attorney General Las Vegas, NV For Respondent Marvin Howard Bockting: Franny A. Forsman Federal Public Defender for District of Nevada Reno, NV
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