Teague is a test that governs federal habeas petitions brought under 28 USC 2255. Padilla's case was decided on an appeal from the Kentucky Supreme Court, which is not governed by these statutes. Graham v. Collins, 506 U.S. 461, 505 (1993). Therefore, Teague should not govern state review of state convictions at all. See Danforth v. Minnesota, 552 U.S. 264, 273, 128 S.Ct. 1029, 169 L.Ed.2d 859 (2008). The states, however, are free to adopt the Teague rule if they wish. Maryland, for example, has already adopted such a broader rule, which means that people in Maryland can continue to bring Padilla claims for cases that were final on March 31, 2010. Denisyuk v. State, 422 Md. 462 (2011).

 

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