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Revisiting Constitutional Retroactivity in New York After Danforth: Should Padilla and Other Supreme Court Guilty Plea Counsel Cases Prompt a Change From Eastman-Teague, or Adherence to Chaidez?

Nearly two decades ago, in People v. Eastman, the New York Court of Appeals––in considering whether or not to apply a newly announced rule of criminal procedure under the United States Constitution to criminal cases pending solely on state court collateral review––concluded that state courts were “constitutionally commanded” to apply the rubric fashioned by the […]

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