(Download) "Kersey v. Hatch" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: Kersey v. Hatch
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 14, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
{1} The dispositive issue in this appeal is whether State v. Frazier, 2007-NMSC-032, 1, 142 N.M. 120, 164 P.3d 1, which held that "the predicate felony is always subsumed into a felony murder conviction, and no defendant can be convicted of both," applies retroactively to habeas corpus proceedings. Pursuant to the principles announced by the United States Supreme Court in Teague v. Lane, 489 U.S. 288 (1989), we conclude that Frazier announced a new rule of law, which is procedural in nature and, therefore, not subject to retroactive application. Accordingly, we affirm the trial courts dismissal of the writ of habeas corpus filed by Jerry Alvin Kersey (Petitioner).
 "Kersey v. Hatch" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free){kind=link}