Tyler v. Cain, 533 U.S. 656, 11 (2001)

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666

TYLER v. CAIN

Opinion of the Court

ever. The most he can claim is that, based on the principles outlined in Teague, this Court should make Cage retroactive to cases on collateral review. What is clear, however, is that we have not "made" Cage retroactive to cases on collateral review.6

Justice Breyer observes that this Court can make a rule retroactive over the course of two cases. See post, at 672- 673 (dissenting opinion). We do not disagree that, with the right combination of holdings, the Court could do this. But even so, the Court has not made Cage retroactive. Multiple cases can render a new rule retroactive only if the holdings in those cases necessarily dictate retroactivity of the new rule. The only holding in Sullivan is that a Cage error is structural error. There is no second case that held that all structural-error rules apply retroactively or that all structural-error rules fit within the second Teague exception. The standard for determining whether an error is structural, see generally Arizona v. Fulminante, 499 U. S. 279 (1991), is not coextensive with the second Teague exception,7 and a

6 We also reject Tyler's attempt to find support in our disposition in Adams v. Evatt, 511 U. S. 1001 (1994). In Adams, we vacated an opinion of the Court of Appeals for the Fourth Circuit, which had held that Cage was not retroactive, and remanded for further consideration in light of Sullivan. Our order, however, was not a "final determination on the merits." Henry v. Rock Hill, 376 U. S. 776, 777 (1964) (per curiam). It simply indicated that, in light of "intervening developments," there was a "reasonable probability" that the Court of Appeals would reject a legal premise on which it relied and which may affect the outcome of the litigation. Lawrence v. Chater, 516 U. S. 163, 167 (1996) (per curiam).

7 As explained above, the second Teague exception is available only if the new rule " ' "alter[s] 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 v. Lane, 489 U. S. 288, 311 (1989) (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) (emphasis added)). Classifying an error as structural does not necessarily alter our understanding of these bedrock procedural elements. Nor can it be said that all new rules relating to due process (or even

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