GREGORY WELCH v. UNITED STATES
Supreme Court of the United States, Kennedy, Filed April 18, 2016,
ACCA – Armed Career Criminal Act – Johnson v. United States (holding the residual clause of the ACCA void for vagueness) is a substantive rule to be applied retroactively to all cases pending on collateral review

(Dissent – Thomas – The Court should not consider the claim, applies Teague incorrectly)

The Court rested its reasoning on the “Teague framework” for determining retroactivity:
“new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.”
Save that:
– new substantive rules generally apply retroactively
– new “‘watershed rules of criminal procedure,’” which are procedural rules implicating the fundamental fairness and accuracy of the criminal proceeding,” will also have retroactive effect.

The Court held that eliminating the “residual clause” of the ACCA was a substantive change, and therefore under Teague should be applied retroactively to pending cases.