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contends
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michigan
payne
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cast
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constitutional
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payne
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carolina
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pa
american
trucking
smith
petitioners
challenged
constitutionality
arkansas
statute
enacted
imposed
discriminatory
burden
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truckers
suit
pending
declared
virtually
identical
pennsylvania
tax
unconstitutional
see
american
trucking
scheiner
shortly
thereafter
arkansas
struck
arkansas
tax
issue
primary
issue
smith
whether
petitioners
entitled
refund
taxes
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date
decision
scheiner
arkansas
held
petitioners
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decision
scheiner
apply
retroactively
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members
agreed
plurality
opinion
concluded
federal
law
provide
petitioners
right
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tax
payments
scheiner
apply
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tax
prior
date
decision
four
members
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opinion
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case
actually
raised
substantive
question
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tax
violated
commerce
clause
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constitution
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petitioners
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concluded
matter
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law
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scheiner
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state
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justice
scalia
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judgment
disagreed
substantive
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announced
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views
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plurality
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scalia
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judicial
power
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iii
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one
justify
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enactments
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elected
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trucking
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scalia
vote
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disagreement
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opinion
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us
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years
later
majority
explicitly
adopted
smith
dissent
reasoning
harper
virginia
dept
taxation
harper
like
smith
involved
request
refund
taxes
paid
declared
similar
michigan
tax
unconstitutional
held
virginia
tax
issue
harper
fact
invalid
even
declared
similar
tax
unconstitutional
necessarily
entitle
petitioners
full
refund
explained
constitution
required
virginia
relief
consistent
federal
due
process
principles
citing
american
trucking
smith
state
found
imposed
impermissibly
discriminatory
tax
retains
flexibility
responding
due
process
clause
citing
mckesson
division
alcoholic
beverages
tobacco
dept
business
regulation
left
virginia
courts
question
state
law
performance
tasks
pertaining
crafting
appropriate
remedy
specifically
noted
virginia
free
choose
form
relief
provide
long
relief
satisfies
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requirements
outlined
ibid
citing
mckesson
see
also
state
law
may
provide
relief
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demands
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due
process
circumstances
may
confine
petitioners
lesser
remedy
citations
omitted
thus
extent
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retroactivity
decisions
relevant
issue
us
support
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remedy
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chooses
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citizens
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constitution
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state
law
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law
simply
sets
certain
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requirements
must
meet
may
exceed
providing
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relief
american
trucking
smith
plurality
opinion
provide
support
proposition
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law
places
limit
state
authority
provide
remedies
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constitutional
violations
vi
finally
state
acknowledges
may
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citizens
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protection
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constitution
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interpretation
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argues
may
judicial
misconstruction
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law
oregon
hass
like
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decisions
ableman
booth
tarble
case
wall
provides
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support
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give
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effect
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rules
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misconstruing
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standard
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state
law
govern
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postconviction
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whitfield
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law
chooses
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analysis
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source
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law
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precedent
claim
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limits
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collateral
review
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authority
provide
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constitutional
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sufficient
reason
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law
conclusion
confirmed
several
additional
considerations
first
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rule
law
presumably
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clause
article
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constitution
require
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entities
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judges
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held
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course
litigation
expressly
choosing
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collins
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raise
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farley
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legislatures
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law
ample
authority
control
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justice
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judges
johnson
fankell
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interests
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justify
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rules
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role
interpret
law
created
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prescribe
shall
american
trucking
smith
scalia
concurring
judgment
constitutional
doubt
may
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scales
favor
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construction
statute
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source
authority
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judges
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convictions
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possible
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arguments
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rule
respondent
espouses
finally
dissent
contends
end
result
opinion
startling
two
criminal
defendants
committed
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time
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convictions
became
final
day
raised
identical
claim
time
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constitution
obtain
different
results
post
assertion
ignores
fact
two
hypothetical
criminal
defendants
actually
commit
crime
violated
different
state
laws
tried
different
state
sovereigns
may
many
reasons
subject
different
penalties
previously
noted
nonuniformity
necessary
consequence
federalist
system
government
vii
important
keep
mind
jurisprudence
concerning
retroactivity
new
rules
constitutional
law
primarily
concerned
question
whether
constitutional
violation
occurred
availability
nonavailability
remedies
former
pure
question
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law
resolution
applied
uniformly
throughout
nation
latter
mixed
question
state
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law
american
trucking
smith
stevens
dissenting
decision
new
rule
apply
retroactively
teague
imply
right
thus
violation
right
time
trial
remedy
provided
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habeas
courts
fully
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government
laws
recognize
finality
judgment
may
bar
relief
quite
wrong
assume
however
question
whether
constitutional
violations
occurred
trials
conducted
certain
date
depends
much
time
required
complete
appellate
process
accordingly
judgment
minnesota
reversed
case
remanded
proceedings
inconsistent
opinion
true
michigan
payne
minnesota
free
reinstate
judgment
disposing
petition
state
postconviction
relief
ordered
stephen
danforth
petitioner
minnesota
writ
certiorari
minnesota
february
chief
justice
roberts
justice
kennedy
joins
dissenting
new
rulings
meaning
constitution
apply
retroactively
cases
already
concluded
held
question
whether
particular
ruling
retroactive
question
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law
basic
comes
question
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law
province
duty
say
law
marbury
madison
cranch
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courts
final
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law
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law
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courts
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bound
rulings
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construing
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law
retroactive
majority
contravenes
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propositions
end
result
startling
two
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defendants
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convictions
became
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day
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claim
time
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constitution
one
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set
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claim
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result
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clause
framers
decision
vest
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responsibility
authority
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law
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requires
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jealous
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one
year
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lane
leading
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author
explained
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matter
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law
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law
issue
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courts
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authority
determine
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applicability
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decision
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bit
much
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question
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constitutional
provisions
mean
guarantee
whether
denied
american
trucking
smith
plurality
opinion
quoting
chapman
california
citation
omitted
reason
consistently
required
state
courts
adhere
retroactivity
decisions
citing
michigan
payne
arsenault
massachusetts
per
curiam
even
recently
held
supremacy
clause
allow
federal
retroactivity
doctrine
supplanted
invocation
contrary
approach
retroactivity
state
law
harper
virginia
dept
taxation
citation
omitted
indeed
point
retroactivity
jurisprudence
consistent
retroactivity
new
federal
rules
question
federal
law
binding
contrary
holding
based
misreading
precedent
misunderstanding
nature
retroactivity
generally
correctly
points
took
granted
proposition
federal
constitutional
rights
including
rights
represented
break
earlier
precedent
given
full
retroactive
effect
direct
collateral
review
changed
linkletter
walker
case
louisiana
prisoner
brought
federal
habeas
petition
arguing
illegally
seized
evidence
introduced
trial
violation
mapp
ohio
mapp
however
decided
conviction
became
final
granted
certiorari
decide
whether
mapp
rule
operates
retrospectively
upon
cases
finally
decided
period
prior
mapp
answering
question
broke
past
practice
assuming
full
retroactivity
holding
neither
required
apply
prohibited
applying
decision
retrospectively
analysis
turned
entirely
nature
scope
particular
constitutional
right
issue
must
weigh
merits
demerits
retroactive
application
case
looking
prior
history
rule
question
purpose
effect
whether
retrospective
operation
retard
operation
ibid
framework
held
mapp
apply
prospectively
next
year
decided
johnson
new
jersey
johnson
direct
appeal
new
jersey
denial
state
collateral
relief
precise
question
johnson
whether
rules
announced
escobedo
illinois
miranda
arizona
apply
state
prisoners
whose
convictions
become
final
cases
decided
holding
escobedo
miranda
apply
prospectively
imported
linkletter
mode
retroactivity
analysis
review
state
postconviction
proceedings
finally
stovall
denno
announced
purposes
retroactivity
analysis
distinction
justified
convictions
final
instant
case
convictions
various
stages
trial
direct
review
thus
linkletter
analysis
applied
review
criminal
convictions
whether
final
matter
stage
proceedings
considered
retroactivity
question
issue
decided
reference
purposes
practical
impact
precise
federal
right
question
constitutional
rule
criminal
procedure
distinct
functions
background
precedent
impact
administration
justice
way
factors
combine
decide
retroactivity
issue
must
inevitably
vary
constitutional
dictate
involved
johnson
supra
question
retroactivity
tied
nature
purpose
underlying
federal
constitutional
right
surprising
cases
suggested
free
apply
new
rules
federal
constitutional
law
retroactively
even
one
thoughtful
legal
scholars
put
discussing
effect
linkletter
analysis
state
collateral
review
state
gave
relief
case
exclusive
authority
mapp
rationale
linkletter
opinion
presumably
reversed
mishkin
foreword
high
great
writ
due
process
time
law
harv
rev
precedents
made
clear
give
greater
substantive
protection
laws
available
federal
law
give
whatever
retroactive
effect
laws
wished
explained
johnson
course
still
entirely
free
effectuate
law
stricter
standards
laid
apply
standards
broader
range
cases
required
decision
clear
implication
statement
apply
retroactivity
rules
new
substantive
rights
law
new
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rules
announced
thus
contrary
view
early
retroactivity
cases
nowhere
suggested
retroactivity
new
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constitutional
rules
criminal
procedure
anything
matter
federal
law
daniel
louisiana
per
curiam
surprise
held
particular
right
apply
retroactively
language
opinions
indicate
decisions
optional
see
fuller
alaska
per
curiam
rule
announced
lee
florida
applied
trials
evidence
sought
introduced
date
decision
emphasis
added
course
found
state
erred
holding
particular
right
apply
retroactively
state
bound
comply
see
kitchens
smith
per
curiam
mcconnell
rhay
per
curiam
arsenault
massachusetts
per
curiam
although
nothing
decisions
suggested
state
courts
determine
retroactivity
new
federal
rules
according
lights
opportunity
confront
issue
head
michigan
payne
payne
defendant
argued
michigan
resentencing
violated
rule
announced
north
carolina
pearce
considering
question
state
noted
yet
decided
whether
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people
payne
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trial
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interpretation
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question
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decided
pearce
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contrary
decision
state
language
equivocal
since
resentencing
hearing
case
took
place
approximately
two
years
pearce
decided
hold
michigan
erred
applying
proscriptions
majority
argues
payne
preclude
applying
retroactivity
rules
different
announced
rather
argument
goes
michigan
simply
elected
follow
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retroactivity
rule
pending
clarification
see
ante
certainly
possible
reading
payne
plausible
one
michigan
purport
rest
decision
apply
pearce
retroactively
federal
linkletter
analysis
reversal
reasonably
read
requiring
state
courts
apply
federal
retroactivity
decisions
notably
first
time
members
debated
meaning
payne
teague
author
explaining
payne
supports
proposition
consistently
required
state
courts
adhere
retroactivity
decisions
american
trucking
plurality
opinion
author
today
opinion
disagreeing
dissent
see
opinion
stevens
whichever
way
payne
read
either
offers
support
majority
position
state
simply
applied
federal
retroactivity
rules
flatly
rejects
majority
position
state
failed
apply
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retroactivity
rules
told
must
meanwhile
justice
harlan
begun
dissenting
retroactivity
cases
pressing
view
new
rules
announced
applied
cases
yet
final
without
regard
analysis
set
forth
linkletter
see
desist
mackey
opinion
concurring
judgments
part
dissenting
part
griffith
kentucky
abandoned
linkletter
applied
cases
still
direct
review
adopted
justice
harlan
view
cases
noting
nonretroactivity
direct
appeal
violates
basic
norms
constitutional
adjudication
selective
application
new
rules
violates
principle
treating
similarly
situated
defendants
held
new
rule
conduct
criminal
prosecutions
applied
retroactively
cases
state
federal
pending
direct
review
yet
final
emphasis
added
previous
cases
griffith
terms
bound
state
courts
apply
retroactivity
decisions
two
years
griffith
decided
granted
certiorari
yates
aiken
case
south
carolina
state
habeas
decided
decision
francis
franklin
applied
retroactively
authority
state
courts
apply
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rules
well
established
precedents
majority
see
ante
case
easily
decided
ground
whatever
federal
retroactivity
rule
state
adopt
rule
retroactivity
newly
announced
federal
constitutional
standards
instead
state
argued
adopt
justice
harlan
theory
newly
announced
constitutional
rule
applied
retroactively
cases
pending
collateral
review
unless
rule
meets
certain
criteria
flip
side
justice
harlan
view
cases
direct
review
accepted
griffith
approach
state
argued
francis
applied
retroactively
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review
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discussed
justice
harlan
distinction
direct
review
collateral
review
ibid
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necessary
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adopt
justice
harlan
reasoning
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cases
announcing
new
constitutional
rules
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pending
collateral
review
francis
announce
new
rule
went
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address
south
carolina
alternative
argument
authority
establish
scope
habeas
corpus
proceedings
allow
case
refuse
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rule
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constitutional
law
retroactively
proceeding
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familiar
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federal
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establish
retroactivity
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collateral
proceedings
rejected
proposition
regard
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plac
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proceedings
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consider
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law
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law
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comes
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state
authority
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