AUER

v.

CALIFORNIA

Citator

Cited By

• Tyler v. Cain, 533 U.S. 656 (U.S. 2001)
  …d that Cage’s rule did not fall within the Teague “watershed” exception I have just mentioned. See, e. g., Adams v. Aiken, 965 F. 2d 1306, 1312 (CA4 1992), vacated, 511 U. S. 1001 (1994); Skelton v. Whitley, 950 F. 2d 1037, 1045 (CA5), cert, denied, 506 U. S. 833 (1992). The question in Sullivan was whether a violation of the Cage rule could ever count as harmless error. The Court answered that question in the negative. In so concluding, the Court reasoned that an instruction that violated Cage by misdescr…
• United States v. Swindall, 107 F.3d 831 (11th Cir. 1997)
  …v. United States, 985 F. 2d 844, 847 (6th Cir.1993); United States v. Pavlico, 961 F. 2d 440, 443 (4th Cir.), cert. denied, 506 U.S. 848, 113 S.Ct. 144, 121 L.Ed.2d 96 (1992); United States v. Judge, 944 F. 2d 523, 525 (9th Cir.1991), cert. denied, 506 U.S. 833, 113 S.Ct. 101, 121 L.Ed.2d 60 (1992); United States v. Ayala, 894 F. 2d 425, 429 n. 8 (D.C.Cir.1990). . “If however, the decision did not announce a new rule, it is necessary to inquire whether granting the relief sought would create a new rule bec…