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TYLER v. CAIN

United States Supreme Court No. 00-5961

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QUESTION PRESENTED: (1) Does the rule of Cage v. Louisiana qualify for the "new rule" exception to the statutory bar on successive petitions, 28 U.S.C. § 2244(b)(2)(A), in the case of a petitioner whose first federal petition was filed in 1988? Specifically:

1. Has Cage been made retroactive to cases on collateral review by this Court?

2. If not, should it be in this case?

3. Was a Cage claim "previously unavailable" within the meaning of the statute?

ORAL ARGUMENT DATE: April 16, 2001

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INTRODUCTION

Interest of amicus curiae
Summary of argument

Part I

I. Cage was a new rule, but not "previously unavailable"

Part II.A. - B.

II. Cage has not yet been made retroactive on caolleteral review by this Court, although it could be in the present case

A. The statutory requirement
B. Grant, vacate, and remand

Part II.C.

C. Practical considerations

Part III - Conclusion

III. Cage does not qualify for the second Teague exception

A. Retroactivity v. harmless error
B. Cage and the second exception

Conclusion