This evidence was already subjected to DNA testing using the best technology available at the time Harvey's conviction became final".
Chaidez v. United States asks whether a 2010 ruling of the court — that criminal defense lawyers must advise their noncitizen clients that a guilty plea carries the risk of deportation — applies to someone whose conviction became final before that ruling was announced.
To avoid extradition, before the conviction became final Glavaš fled to Bosnia and Herzegovina, having been granted citizenship.
Citing a decision in a previous case, the appeals court ruled that convicted criminal defendants should receive "benefit of amendatory legislation which became effective at any time before the conviction became final on appeal," the opinion, issued last week, reads.
If, within 90 days, the district attorney's office does not ask the court to reinstate the convictions, the order vacating the convictions becomes final and the charges are to be dismissed.
On Thursday, the prediction was at least partly vindicated in a complex argument over whether the ruling should apply retroactively to thousands of people whose convictions became final before it was issued.
Although the federal government can deport many of them as soon as their criminal convictions become final, a century-old law provides that immigrants can be deported only after they have served their sentences here.
Years after his conviction had become final on appeal, the man, Stephen Danforth, went back to state court seeking the benefit of a 2004 Supreme Court decision that enhanced the right of defendants to confront their accusers in open court.
By the terms of this agreement, [Skilling's] convictions will become final".
On Wednesday, the court limited the reach of that ruling, saying it did not apply retroactively to people whose convictions had become final by the time the justices announced their 2010 decision, Padilla v. Kentucky.
