Luke v. Battle

Sears, Presiding Justice.

We granted a habeas corpus application filed by the appellant, Marcus Luke, to consider whether the habeas court erred (1) in ruling that Brewer v. State1 announced a new rule of criminal procedure, as opposed to a new rule of substantive criminal law, and (2) in applying the so-called “pipeline” rule 2 to conclude that Luke could not rely on Brewer to support his claim that the State convicted him without proving an element of the crime beyond a reasonable doubt. Under the pipeline rule, a new rule of criminal procedure generally applies only to those cases on direct…