Tyler v. Cain, 533 U.S. 656, 10 (2001)

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Cite as: 533 U. S. 656 (2001)

Opinion of the Court

tive. The only holding in Cage is that the particular jury instruction violated the Due Process Clause.

Tyler argues, however, that a subsequent case, Sullivan v. Louisiana, 508 U. S. 275 (1993), made the Cage rule retroactive. But Sullivan held only that a Cage error is structural—i. e., it is not amenable to harmless-error analysis and "will always invalidate the conviction." 508 U. S., at 279. Conceding that the holding in Sullivan does not render Cage retroactive to cases on collateral review, Tyler contends that the reasoning in Sullivan makes clear that retroactive application is warranted by the principles of Teague v. Lane, 489 U. S. 288 (1989). Under Teague, a new rule can be retroactive to cases on collateral review if, and only if, it falls within one of two narrow exceptions to the general rule of nonretro-activity. Id., at 311-313 (plurality opinion). See also O'Dell v. Netherland, 521 U. S. 151, 156-157 (1997). The exception relevant here is for "watershed rules of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding." Graham v. Collins, 506 U. S. 461, 478 (1993). To fall within this exception, a new rule must meet two requirements: Infringement of the rule must "seriously diminish the likelihood of obtaining an accurate conviction," and the rule must " ' "alter our understanding of the bedrock procedural elements" ' essential to the fairness of a proceeding." Sawyer v. Smith, 497 U. S. 227, 242 (1990) (quoting Teague, supra, at 311 (plurality opinion), in turn quoting Mackey v. United States, 401 U. S. 667, 693 (1971) (Harlan, J., concurring in judgments in part and dissenting in part)). According to Tyler, the reasoning of Sullivan demonstrates that the Cage rule satisfies both prongs of this Teague exception. First, Tyler notes, Sullivan repeatedly emphasized that a Cage error fundamentally undermines the reliability of a trial's outcome. And second, Tyler contends, the central point of Sullivan is that a Cage error deprives a defendant of a bedrock element of procedural fairness: the right to have the jury make the determination of guilt beyond a reasonable doubt. Tyler's arguments fail to persuade, how-

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