State v. Dosztal

3 Citing cases

  1. State v. Adams

    156 Ariz. 88 (Ariz. Ct. App. 1988)   Cited 4 times

    To determine whether a judicial decision should be applied retroactively or prospectively, a court must consider: (a) the purpose to be served by the new standards; (b) the extent of reliance upon the old standards; and (c) the effect on the administration of justice of a retroactive application of the new standards. State v. Gerlaugh, 144 Ariz. at 456, 698 P.2d at 701; State v. Dosztal, 144 Ariz. 242, 697 P.2d 325 (1985). In State v. Maloney, 105 Ariz. 348, 358, 464 P.2d 793, 799 (1970), the supreme court held that:

  2. State v. Gerlaugh

    144 Ariz. 449 (Ariz. 1985)   Cited 106 times
    Reasoning that "[d]isagreements in trial strategy will not support a claim of ineffective assistance so long as the challenged conduct has some reasoned basis"

    There is no constitutional requirement that a judicial decision announcing new constitutional guidelines be applied prospectively or retroactively. See Linkletter v. Walker, 381 U.S. 618, 629, 85 S.Ct. 1731, 1737, 14 L.Ed.2d 601, 608 (1965); State v. Dosztal, 144 Ariz. 242, 243, 697 P.2d 325, 326 (1985). To determine whether such new constitutional principles should be applied retroactively, a court must consider: (a) the purpose to be served by the new standards; (b) the extent of reliance by law enforcement authorities on the old standards; and (c) the effect on the administration of justice of a retroactive application of these standards.

  3. State v. Garcia

    152 Ariz. 245 (Ariz. Ct. App. 1987)   Cited 9 times

    "There is no constitutional requirement that a judicial decision announcing new constitutional guidelines be applied prospectively or retroactively." State v. Gerlaugh, 144 Ariz. 449, 455, 698 P.2d 694, 700 (1985), citing Linkletter v. Walker, 381 U.S. 618, 629, 85 S.Ct. 1731, 1737, 14 L.Ed.2d 601, 608 (1965) and State v. Dosztal, 144 Ariz. 242, 243, 697 P.2d 325, 326 (1985). In determining whether to apply new constitutional guidelines retroactively, a court must consider: (a) the purpose to be served by the new standards; (b) the extent of reliance by law enforcement authorities on the old standards; and (c) the effect on the administration of justice of a retroactive application of these standards.