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OKEN v. MARYLAND

United States Supreme Court No. 117

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ORAL ARGUMENT DATE:

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INTRODUCTION

Summary of facts and case
Summary of argument

Argument - Part I

I. The retroactivity of federal constitutional rules of criminal procedure on state postconviction review is governed by the standard of Teague v. Lane

A. The retroactivity revolution
B. Retroactivity of federal rules in Maryland courtst
C. The cist if retroactivity

Part II - Conclusion

II. Neither Apprendi nor Ring is retroactive under the Teague standard

III. Ring applies only to the factual finding needed to make the defendant eligible for the death penalty, not to the discretionary "weighing" decision

Conclusion