[DOWNLOAD] "Michael A. Luna v. Sherman Clayton" by Supreme Court of Tennessee * Book PDF Kindle ePub Free
eBook details
- Title: Michael A. Luna v. Sherman Clayton
- Author : Supreme Court of Tennessee
- Release Date : January 22, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Wm. H. Fones, Chief Justice OPINION ON PETITION TO REHEAR Defendant has filed a petition to rehear, asking this Court to declare its decision in the instant case to be nonretroactive as to these parties and of prospective effect only. In Great Northern Ry. Co. v. Sunburst Oil & Refining Co., 287 U.S. 358, 53 S.Ct. 145 (1932), the United States Supreme Court announced that state courts could choose consistent with the Federal Constitution to apply those state court decisions which depart from established precedent in either a retroactive or prospective manner. The practice of prospective application only as to such decisions became known as the doctrine of nonretroactivity, or the Sunburst doctrine. Since the Sunburst case, the United States Supreme Court has adopted a posture of non-retroactivity only in those instances where (1) the decision at issue either establishes a new principle of law by overruling clear past precedent or decides an issue of first impression whose resolution was not clearly foreshadowed, (2) in light of the prior history of the rule in question, its purpose and effect, retrospective application will retard its prospective operation, and (3) the decision, if applied retroactively, could produce substantial inequitable results to the instant litigants. See, e.g., Chevron Oil Co. v. Huson, 404 U.S. 97, 92 S.Ct. 349 (1971). Accord, Cumberland Capital Corp. v. Patty, 556 S.W.2d 516 (Tenn.1977).