Supremes Rules Convicted Child Sex Abuser May Challenge Conviction

In an important decision handed down on Wednesday, February 20, 2008, the U.S. Supreme Court—in a new pro-defendant twist on federalism—ruled that state courts may retroactively apply new constitution developments benefiting defendants, even if federal courts could not do so.

Years after a Minnesota man, Stephen Danforth, was convicted of sexually abusing a child in 1996, and after his conviction became final on appeal, he went back to court seeking the benefit of a 2004 Supreme Court decision that enhanced the right of defendants to confront their accusers in open court. The six-year old child had given a videotaped interview rather than appear in open court.

The court’s 7-2 decision opens the way for convicted child abusers to challenge their convictions by cross-examining accusers.

Danforth is currently serving a 26 year term.

To read the full opinion, see Danforth v. Minnesota, No. 06-8273