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536, 77 L.Ed. 1075, were given retroactive effect in that sense.
* Since 1965 this Court has repeatedly struggled with the question of whether rulings in criminal cases should be given retroactive effect.
As Linkletter and Tehan acknowledged, however, we have given retroactive effect to other constitutional rules of criminal procedure laid down in recent years, where different guarantees were involved.
The Supreme Court held in Teague v. Lane last year that new rulings would generally not be given retroactive effect to prisoners whose convictions were already final and who were in the process of seeking habeas corpus relief.
Peltier held that Almeida-Sanchez v. United States, 413 U.S. 266 (1973), was not to be given retroactive effect; DeFillippo upheld the validity of an arrest made in good faith reliance on an ordinance subsequently declared unconstitutional.
Once overruled the later decision is (normally) given retroactive effect, so the law is changed for the past as well as the future.
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Likewise in Tehan we declined to give retroactive effect to Griffin v. State of California, 380 U.S. 609, 85 S.Ct.
The court has, however, frequently addressed virtually the same question in determining whether to give retroactive effect to newly decided cases in the habeas corpus context.
We gave retroactive effect to Jackson v. Denno, supra, because confessions are likely to be highly persuasive with a jury, and if coerced they may well be untrustworthy by their very nature.
A few lower courts have already decided that Booker does not have retroactive effect.
However, a withdrawal of consent will not have retroactive effect, i.e. ongoing projects keep the de-identified data and material.
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