Younger Abstention, Judicial Misconduct
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Crawford Applies Retroactively

Despite the appeal of Judge Noonan’s reasoning, application of the Supreme Court’s guidance in Teague leads to the conclusion that Crawford announces a “new rule.” Because the Crawford rule is both a “watershed rule” and one “without which the likelihood of an accurate conviction is seriously diminished,” Summerlin, 124 S. Ct. at 2523, the rule is retroactive.

Bockting v. Bayer, No. 02-15866, slip op. at 5883 (9th Cir. Jun 1, 2005).

UPDATE: I looked through my archives and couldn't find a mention of this opinion, which was originally issued on Feb. 22, 2005.  "How could I have missed this one," I asked myself.  "Oh, I was taking the Bar."  Heh.

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