Smith v. Stein, No. 18-7239 (4th Cir. 2020)
Annotate this CaseThe Fourth Circuit affirmed the district court's dismissal of petitioner's 28 U.S.C. 2254 petition as untimely. The court rejected petitioner's contention that McCoy v. Louisiana, 138 S. Ct. 1500 (2018), extended his limitations period by recognizing a new constitutional right retroactively applicable to cases on collateral review. Rather, the court explained that McCoy refines the Gideon rule, but it is an extension of a watershed rule rather than a watershed rule itself. Therefore, the rule announced in McCoy is not retroactively applicable on collateral review.
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