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Whorton v. Bockting
Glen Whorton, Director, Nevada Department of Corrections v. Marvin Howard Bockting
Sixth Amendment, Testimonial Hearsay, Retroactivity
- Whether, in direct conflict with the published opinions of the Second, Sixth, Seventh, and Tenth Circuits, the Ninth Circuit erred in holding that this court's decision in Crawford v. Washington, 541 U.S. 36 (2004) regarding the admissibility of testimonial hearsay evidence under the Sixth Amendment, applies retroactively to cases on collateral review.
- Whether the Ninth Circuit's ruling that Crawford applies retroactively to cases on collateral review violates this court' ruling in Teague v. Lane, 489 U.S. 288 (1989).
- Whether, in direct conflict with the published decisions of the Fourth and Seventh Circuits, the Ninth Circuit erred in holding that 28 U.S.C. section 2254(d)(1) and (2) adopted the Teague exceptions for private conduct which is beyond criminal proscription and watershed rules.
Counsel of Record
For Petitioner Glen Whorton, Director,
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
Nevada Department of Corrections:
Gerald J. Gardner
For Respondent Marvin Howard Bockting:
Chief Deputy Attorney General
Las Vegas, NV
Franny A. Forsman
Federal Public Defender for District of Nevada
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