Tehan v. United States ex rel. Shott
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Tehan's ruling about convictions already final before Griffin v. California was outside that change. Of 44 flagged citations, 43 have been read; the text of one citing opinion could not be retrieved.
44 later cases cite Tehan v. United States ex rel. Shott; 44 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Tehan v. United States ex rel. Shott?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
-
The Supreme Court abandoned Tehan's approach of extending a new criminal procedure rule to cases still pending on direct appeal when it permitted a different cutoff date.
Desist v. United States · Supreme Court of the United States · filed
In Johnson v. New Jersey, 384 U. S. 719, however, we abandoned the approach taken in Linkletter and Tehan and concluded that “there are no jurisprudential or constitutional obstacles” to the adoption of a different cut-off point.
Read the full opinion on CourtListener →
Does this case still carry your argument?
Describe your facts. Ezel reads Tehan v. United States ex rel. Shott and the cases that treated it, then tells you whether it still holds for your situation, with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace