American Judges Association


Date of this Version

Fall 2006


Published in Court Review: The Journal of the American Judges Association, 43:3. Copyright © 2006 National Center for State Courts. Used by permission.


The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Cases of particular interest to state-court judges held that a passenger in a routine traffic stop is seized for Fourth Amendment purposes, that California’s determinative sentencing law was unconstitutional, and that the Court’s decision on Crawford v. Washington would not be applied retroactively on collateral review.

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