Sixth Circuit -- Stumpf v. Houk

Stumpf v. Houk 

Lack of due process challenge in the District Court  record does not mean that court of appeals cannot consider DP, as per Scotus remand instruction, as the issue was raised in passing in the habeus petition.

State earlier waived procedural default argument vs. DP challenge.

Teague bar on retroactivity of new criminal rules is not jurisdictional.

Suggesting in closing that deft was the principal actor in the murder, where state has evidence and belief that a different deft was the central actor is a "constitutional violation"  which prejudices sentencing.

Dissent:  Conviction was by best information available at the time, Teague bars creation of a new substantive right.

 Volokh has more here.


[Thou shalt not kill.  -TMB]