Topic: we must ... weigh the merits and demerits in each case by l… · Go Syfert
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Topic #2968

2 canonical passages across 2 cases, quoted by 162 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Linkletter v. Walker.

#Case FlagCanonical passage Citers
1 Linkletter v. Walker Anchor
scotus · 1965
red “we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” 102
2 Cipriano v. City of Houma
scotus · 1969
green “where a decision of this court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the 'injustice or hardship' by a holding of nonretroactivity.” 60

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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