Fetterly v. State

PROLOGUE

Retroactive, or prospective only, application of a new rule of law, is the theme of this Court’s opinion in today’s offering, State v. Fetterly. It comes before the Court on appeal from a judgment of the trial court denying Fetterly’s attempt to obtain relief in a post-conviction action, otherwise known in the federal court system as a habeas corpus proceeding. The issues before us are rather simplistic, being basically pro and con as to whether a new rule of law will or will not apply to a convicted defendant whose status is yet pending on direct appeal, or, to equally extend that…