Charles E. Rose v. Ted Engle, Superintendent

The principal question presented in this appeal is whether the Supreme Court’s decision in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), should be applied retroactively.1 Because we find that the district court correctly held that Edwards should be applied retroactively to this case, we affirm the district court’s judgment granting Charles E. Rose’s petition for writ of habeas corpus.

I

On the morning of December 2, 1978, Rose quarreled with his wife, Jewell. The Roses had a history of marital disputes. At approximately 4:00 p.m. that afternoon, Rose purchased a .22…