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ROGERS v. TENNESSEE

No. 99-6218.

532 U.S. 451 (2001)

ROGERS v. TENNESSEE

United States Supreme Court.

Decided May 14, 2001.

Attorney(s) appearing for the Case

W. Mark Ward argued the cause for petitioner. With him on the briefs were Tony Brayton and Garland Ergüden.

Michael E. Moore, Solicitor General of Tennessee, argued the cause for respondent. With him on the brief were Paul G. Summers, Attorney General, and Gordon W. Smith, Associate Solicitor General.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, p. 467. Scalia, J., filed a dissenting opinion, in which Stevens and Thomas, JJ., joined, and in which Breyer, J., joined as to Part II, p. 467. Breyer, J., filed a dissenting opinion, p. 481.

Justice O'Connor, delivered the opinion of the Court.

This case concerns the constitutionality of the retroactive application of a judicial decision abolishing the common law "year and a day rule." At common law, the year and a day rule provided that no defendant could be convicted of murder unless his victim had died by the defendant's act within a year and a day of the act. See, e. g., Louisville, E. & St. L. R. Co. v. Clarke, 152...

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