Miller v. State

CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), J.

Journeys in the Fourth Dimension

The key issue before us, as we reconsider on remand our earlier decision in this case, is that of how a recent opinion of *457the Supreme Court announcing constitutional law might retroactively apply to a Maryland conviction that had long since become final and is now before us only on collateral, rather than on direct, review. Our focus will be upon 1) the test that must be applied to determine whether the recent Supreme Court pronouncement is or is not “new law”; 2) the precise earlier Maryland event to…