shea louisiana argued november decided february petitioner arrested armed robbery charges louisiana taken police station questioning detectives upon read miranda rights said wish make statement saw lawyer interview terminated next day petitioner communicated lawyer one detectives without inquiring whether petitioner spoken attorney without indication petitioner willing interrogated asked willing talk case miranda rights read petitioner orally confessed committed robberies petitioner objections confession admitted evidence trial convicted meantime subsequent petitioner trial convictions appeal louisiana pending ruled edwards arizona criminal defendant rights fifth fourteenth amendments violated use confession obtained interrogation without counsel present requested attorney acknowledging presence edwards violation louisiana went hold edwards applied petitioner case held edwards ruling applies cases pending direct appeal time edwards decided pp reversed remanded blackmun delivered opinion brennan marshall powell stevens joined white filed dissenting opinion burger rehnquist joined post rehnquist filed dissenting opinion post frances baker jack appointment argued cause filed brief petitioner paul carmouche argued cause respondent briefs john broadwell justice blackmun delivered opinion edwards arizona ruled criminal defendant rights fifth fourteenth amendments violated use confession obtained interrogation without counsel present requested attorney case presents issue whether ruling applicable case pending direct appeal state time edwards decided dispute facts petitioner kevin michael shea charged louisiana two counts armed robbery arrested july taken police station shreveport turned detectives smith snell questioning miranda rights see miranda arizona read signed standard miranda card said however wish make statement saw lawyer interview thereupon terminated following afternoon july petitioner communication lawyer detective snell returned informed petitioner transferred city jail parish jail without inquiring petitioner whether spoken attorney whether indigent without indication petitioner willing interrogated snell asked wanted talk case miranda rights read petitioner signed miranda card orally confessed committed two robberies charges petitioner came trial due course state district caddo parish point two counts severed prior trial jury first count petitioner formally moved suppress confession july app trial took place prosecution offered confession evidence defense objected objection overruled confession admitted petitioner convicted filed like suppression motion respect second charge denied withdrew original plea entered plea guilty reservation state law see state crosby la right appeal denial motion suppress app appeal louisiana petitioner raised issue trial error violation miranda admitting confession opinion louisiana tribunal cited decision edwards come meantime subsequent petitioner trial convictions louisiana acknowledged presence edwards violation stated present case undisputed police initiate inquiry july clearly informed defendant previous evening make statements without counsel consequently violation additional standard governing police interrogation suspect imposed edwards arizona error occurred decision edwards rendered convinced pronounce decision retroactive hold case importance issue conflicting decisions elsewhere granted certiorari ii edwards case center present controversy involved facts startlingly similar present case police officers informed edwards miranda rights questioned said wanted attorney point questioning ceased next day however officers visited edwards stated wanted talk informed miranda rights obtained oral confession positive clear ruling lthough held initially advised miranda rights accused may validly waive rights respond interrogation strongly indicated additional safeguards necessary accused asks counsel hold accused invoked right counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights hold accused edwards expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police omitted legal principle thus established uncontested question us case whether ruling applies retroactively respect petitioner convictions issue raised case pending undecided direct appeal state system time edwards decided iii two recent cases bear importantly upon issue first johnson case held decision concerning fourth amendment rights applied retroactively convictions yet final time decision rendered except situations clearly controlled existing retroactivity precedents contrary specifically held payton new york applied retroactively johnson case johnson found persuasive justice harlan earlier reasoning application new rule law cases pending direct review necessary order avoid position selecting one several cases use announce new rule letting similarly situated persons passed unaffected unprotected new rule see desist dissenting opinion mackey separate opinion noted minimum new rules constitutional law must applied cases still subject direct review time new decision handed johnson quoting dissent desist johnson extent necessary decide today case embrace justice harlan views desist mackey thus determined unless rule clearly break past prior precedents mandate nonretroactivity new fourth amendment rule applied cases pending direct review rule adopted considering retroactivity payton concluded question resolved fairly applying payton ruling cases pending direct review payton decided provide principle decisionmaking consonant original understanding linkletter walker tehan ex rel shott comport judicial responsibility justice litigant merits case goal treating similarly situated defendants similarly second case solem stumes clearly involved obvious edwards violation took place seven years edwards stumes conviction finally affirmed south dakota sought federal habeas relief petition writ however denied federal district stumes appeal pending appeals edwards decided appeals ruled edwards police acted unconstitutionally divided vote reversed holding edwards applied retroactively stumes situation justice powell concurred judgment impose upon state costs accrue retroactive application new rule constitutional law habeas corpus costs view generally far outweigh benefits application primary difference johnson one hand stumes difference pending undecided direct review judgment conviction federal collateral attack upon state conviction become final must acknowledge course johnson directly control disposition present case johnson specifically declined address implications holding case constitutional area fourth amendment case fourth amendment issue raised collateral attack conclude however reason reach case result different one reached johnson see mack oklahoma nothing fourth amendment rule suggests context given greater retroactive effect fifth amendment rule indeed fifth amendment violation may likely affect process fourth amendment violation justice harlan reasoning principled decisionmaking fairness similarly situated petitioners require application new rule cases pending direct review applicable equal force situation presently us hold analysis johnson relevant petitioner fifth amendment claim edwards entitled benefit ruling case iv arguments made support judgment persuasive first said drawing distinction case pending direct review case collateral attack produces inequities injustices different johnson purported cure argument litigant whose edwards claim considered presented collateral review unfairly treated litigant whose claim bypassed edwards law distinction however properly rests considerations finality judicial process one litigant already taken case primary system latter curtain finality drawn somewhere closing must come justice powell stressed opinion concurring judgment solem stumes said specifically particularly difficult cases justify imposing upon state costs collateral review insubstantial next said application edwards cases pending direct review result nullification many convictions relegate prosecutors difficult position retry cases concerning events took place years ago think concern overstated given empirical evidence support louisiana evidence unavailable brief respondent note furthermore several courts applied edwards cases pending direct review without expressing concern lapse time retroactivity without creating apparent administrative difficulty see supra case unduly slow winding way state judicial system much state fault defendant serve penalize defendant addition said every case edwards alone excepted reliance existing law justifies nonapplication edwards pointed difference petitioner edwards petitioner present case edwards principle applied retroactively way dispense equal justice edwards shea rule confined edwards principle prospective application unavailable even edwards finally said edwards rule prophylactic character one designed enhance accuracy criminal jurisprudence argument course taken michigan payne retroactivity north carolina pearce consideration argument feel fully answered decision johnson said opinion judgment louisiana reversed case remanded proceedings inconsistent opinion ordered footnotes see state brown state taylor app courts without addressing retroactivity issue applied edwards cases pending direct appeal decision announced see state platt app people cerezo state brezee haw state carty people paintman cert denied petitioner case pending certiorari edwards announced surely remanded cases reconsideration light edwards see blackney montana white finkbeiner federal habeas leuschner maryland monroe idaho wantland maryland james illinois actions cases indicated conclusion part edwards inapplicable cases pending direct review six cases questioning course predated edwards monroe blakney remand edwards applied without discussion retroactivity see state monroe idaho state blakney mont conclusive interest note least two occasions addition solem stumes discussed infra text already considered edwards retroactive setting application custodial inquiries took place edwards decided see wyrick fields inquiry oregon bradshaw inquiry bradshaw like instant case direct review considered decided edwards issue cases comment expressed concern retroactivity examination appendices briefs two cases reveals retroactivity issue raised underlying presence however sufficiently disturbing cause mention sua sponte solem stumes observed minimum nonretroactivity means decision applied collateral review final convictions purposes case need decide edwards johnson also declined address situations clearly controlled existing retroactivity precedents new rule law clear break past considered nonretroactive almost automatically whatever merits different retroactivity rule cases kind may need concerned question solem stumes recognized edwards sort clear break automatically nonretroactive justice white chief justice justice rehnquist justice join dissenting last term solem stumes held rule announced edwards arizona applied retroactively collateral attacks criminal convictions concluded prophylactic purpose edwards rule justifiable failure police prosecutors foresee decision edwards substantial disruption criminal justice system retroactive application edwards entail indicated wisdom holding edwards nonretroactive today however majority concludes notwithstanding substantial reasons restricting application edwards cases involving interrogations postdate opinion edwards edwards rule must applied retroactively cases process direct appeal yet completed edwards decided holding majority apparently adopts rule long advocated shifting minority johnson namely rule new constitutional decision except perhaps one constitutes clear break past must applied cases pending direct appeal time handed two concerns purportedly underlie majority decision first retroactivity somehow essential attribute judicial decisionmaking announces new rule declines give retroactive effect abandoned judicial role assumed function legislature use term justice harlan employed describing problem desist harlan dissenting second completely unrelated concern fairness business majority reasons treat like cases alike accordingly unfair one litigant receive benefit new decision another identically situated denied benefit majority concerns doubt laudable escape conclusion rule spawned makes sense means avoiding come known problem rule announced majority wholly inadequate true legislature super otherwise think concerns supposed usurpation legislative authority generally go substance decisions whether retroactive surely believe overstepped bounds legitimate authority announcing new rule constitutional law find little solace decision holding new rule retroactive decision sense illegitimate making retroactive useless gesture fool one hand decision salutary one one whose purposes retroactive application retroactivity may worse useless imposing costs criminal justice system likely uncompensated perceptible gains judicial legitimacy futility latest attempt use retroactivity doctrine avoid difficulty highlighted majority unwillingness commit logic position even maintains retroactivity essential judicial function today majority like majority johnson supra continues hold possibility really new rule one marks clear break past may applied retroactively even cases pending direct review time new decision handed see ante johnson supra course majority truly concerned problem clear break decisions trouble indeed one might expect disturbed problem majority purports swear decisions altogether reserve power issue decline apply retroactively leaving open possibility exception clear break decisions majority demonstrates emptiness proposed solution problem claim majority rule serves interest fairness equally hollow although majority finds intolerable apply new rule one case direct appeal another perfectly willing tolerate disparate treatment defendants seeking direct review convictions prisoners attacking convictions collateral proceedings stated see johnson supra white dissenting williams plurality opinion seems attempt distinguish direct collateral challenges purposes retroactivity misguided majority rule otherwise identically situated defendants may subject different constitutional rules depending long ago conduct occurred quickly cases proceed criminal justice system disparity different kind occurs benefit new constitutional rule retroactively afforded defendant whose case announced others new approach equalizes nothing except numbers defendants within disparately treated classes majority recognizes distinction direct review habeas problematic justifies differential treatment appealing need draw curtain finality ante unfortunate enough exhausted last direct appeal time edwards decided yet majority offers reasons conclusion finality decisive factor conviction overturned direct appeal basis edwards violation remedy offered defendant new trial inculpatory statements obtained violation edwards excluded clear majority finds burdensome remedy acceptable imposed state direct review result collateral attack disruption attendant upon remedy vary depending whether imposed direct review habeas accordingly remedy must granted defendants direct appeal strong reason deny prisoners attacking convictions collaterally conversely serves worthwhile purpose grant remedy defendant whose conviction final edwards hard see remedy available direct review underlying flaw majority opinion failure articulate premises retroactivity doctrine announces actually rests recognizing decision marking clear break past may retroactive holding concern finality trumps considerations fairness might otherwise dictate retroactivity collateral proceedings majority implicitly recognizes fact issue decisions involving retroactivity treating like cases alike short majority recognizes reasons certain decisions retroactive rules majority announces fail reflect thoughtful inquiry reasons might contrast principles retroactivity set forth linkletter walker recently applied solem stumes provide rational framework thinking question whether retroactive application particular decision makes sense whether benefits retroactivity outweigh costs already determined relevant considerations set forth linkletter purpose new rule extent law enforcement officials justifiable reliance prior rule effects criminal justice system retroactivity dictate nonretroactive application rule edwards join majority conclusion rule applied retroactively cases pending direct review time decision edwards importantly concur approach retroactivity adopted today majority approach precedents regarding nonretroactivity decisions marking clear break past remain undisturbed merely adds confusing unjustifiable addendum retroactivity jurisprudence respectfully dissent distinction direct review collateral attack may bear relationship recency crime thus extent difficulties presented new trial may severe underlying offense remote time may new trials tend somewhat burdensome habeas cases cases involving reversals direct appeal however relationship means direct speed cases progress criminal justice system may vary widely thus truly concerned treating like cases alike accomplish purpose far precisely applying new constitutional rules conduct appropriately recent vintage assume however one argue explicit rule example notion new trial significantly less burdensome remedy imposed direct review ordered habeas also called serious question facts particular case remedy grants petitioner new trial held almost six years commission offense charged doubt many prisoners whose convictions final time edwards decided given new trial conveniently petitioner course less burdensome aggregate apply edwards cases pending edwards decided give full retroactive effect token less burdensome apply edwards retroactively cases involving defendants whose last names begin letter make decision fully retroactive majority obviously countenance latter course failure identify truly relevant distinction cases direct appeal cases raising collateral challenges makes rule announces equally indefensible today decision foreshadowed new applicable direct review collateral proceedings decision makes law somewhat new apply cases direct review generally basis collateral relief really new decisions breaking past however likely apply neither collateral proceedings cases direct review decision announced majority thus recognizes purposes retroactivity doctrine three categories decisions new newish brand new hoped plenary review better justice rehnquist dissenting willing join result reached case majority willing adopt aspects approach retroactivity propounded justice harlan concurrence mackey approach new constitutional rules prescribed conduct criminal prosecutions apply retroactively cases direct appeal time new rule announced narrow exceptions apply collateral proceedings challenging convictions become final new rule announced attempt summarize justifications approach thoughtfully articulated justice harlan apparently willing adopt entirety justice harlan distinction direct appeals collateral attacks join justice white dissent agreeing little logic analysis rejection sound reasons given solem stumes making edwards arizona nonretroactive results reached case solem happen justice harlan approach analysis solem approach justice powell concurring judgment solem followed mackey concurrence rationale justice harlan approach requires apply cases cases majority favors result yields appear prepared take course