For example, if avoidance is a remedy, it can be made nonretroactive
at 310 (discussing nonretroactive
application of new criminal procedure rules and exceptions).
collateral review--but the Court had deemed Batson nonretroactive
Even if Padilla were determined to be a new rule and therefore nonretroactive
, a state court can still decide to give effect to Padilla in deciding a case on collateral review.
Congressional action is insufficient because it is inflexible, time consuming, and generally nonretroactive
effect of the remedy in Schachter is important in understanding the effect on the original beneficiaries.
The Vienna Convention postdates the Charter and is nonretroactive
impulse to make a new decisional rule nonretroactive
rests, in civil
at 315, if the rule were to be nonretroactive
except in the specific case in which this Court or any lower court, state or federal, first announces a new rule of federal law.
Because the Portland Case Was Not Final and the Intervening Legislation Was Clear and Nonretroactive
, the 1995 Amendments Had to Be Applied
293 (1967) (holding nonretroactive
United States v.