Alford v. State

I disagree with the majority’s conclusion that Alabama v. Shelton, 535 U. S. 654 (122 SC 1764, 152 LE2d 888) (2002) should be applied retroactively to reverse the judgment of the habeas court in this case. Therefore, I respectfully dissent.

The general rule is that a habeas court applies the law in effect at the time of the judgment of conviction. As explained by Justice Harlan,

“Habeas corpus always has been a collateral remedy, providing an avenue for upsetting judgments that have become otherwise final. It is not designed as a substitute for direct review....” [Cit.] . . . [I]t is “sounder,…