George N. Allen v. B.J. Bunnell

Good Law
901 F.2d 820·1990 WL 55057·1990 U.S. App. LEXIS 7063
United States Court of Appeals for the Ninth CircuitMay 1, 199088-6305California86 words

Opinion

ORDER

The government has filed a “petition for rehearing” calling our attention to the Supreme Court’s decision in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060, 1075 , 103 L.Ed.2d 334 (1989) which appears to apply an even stricter test of retroactivity than that set forth in Allen v. Hardy, 478 U.S. 255, 258 , 106 S.Ct. 2878, 2879-2880 , 92 L.Ed.2d 199 (1986). The result in this case would thus be the same under the Teague analysis. The petition for rehearing is denied.