Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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Garden v. Commonwealth

Docket: SJC-12821

Opinion Date: April 22, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition for extraordinary relief under Mass. Gen. Laws ch. 211, 3 seeking an order vacating Petitioner's plea to aggravated rape and dismissing the underlying indictment, holding that the single justice did not err or abuse his discretion in denying relief. The issues raised by Petitioner had all been raised and adjudicated through the normal appellate process. Petitioner then filed a motion to withdraw his guilty plea. The motion was denied, and the Appeals Court affirmed. In this petition for extraordinary relief, Petitioner sought an order vacating his plea to aggravated rape and dismissing the underlying indictment. The single justice denied relief. The Supreme Judicial Court affirmed, holding that the superintendence power was not available as an additional layer of appellate review once all other avenues had been exhausted.

In re Mitchell

Docket: SJC-12910

Opinion Date: April 22, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse his discretion in denying relief. Defendant was convicted of several offenses. The Appeals Court reversed the convictions and remanded the matter for a new trial. Thereafter, the Commonwealth filed a nolle prosequi as to all the charges. In his Mass. Gen. Laws ch. 211, 3 petition, Defendant alleged that no crime had been committed and that he was wrongfully prosecuted. The single justice denied relief. The Supreme Judicial Court affirmed, holding that Defendant did not demonstrate entitlement to the exercise of this Court's superintendence powers.