Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal?
California, United States of America
The following excerpt is from People v. Mickle, 284 Cal.Rptr. 511, 54 Cal.3d 140, 814 P.2d 290 (Cal. 1991):
1 Of course, "a new [federal constitutional] rule for the conduct of criminal prosecutions"--like that of Payne--"is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a 'clear break' with the past." (Griffith v. Kentucky (1987) 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93 L.Ed.2d 649.)
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