sawyer smith argued april decided june petitioner sawyer conviction death sentence brutal murder became final federal district denied habeas corpus petition based relevant part argument prosecutor closing argument penalty phase trial diminished jury sense responsibility capital sentencing decision violation decision caldwell mississippi appeal denial habeas relief pending decided teague lane new rule constitutional law established petitioner conviction become final may used attack conviction federal habeas corpus unless rule places entire category primary conduct beyond reach criminal law prohibits imposition certain type punishment class defendants status offense see penry lynaugh applies new watershed rule criminal procedure enhances accuracy necessary fundamental fairness criminal proceeding appeals affirmed denial relief holding caldwell announced new rule within meaning teague fall within teague second exception held petitioner entitled federal habeas relief caldwell announced new rule defined teague come within either teague exceptions pp caldwell result dictated eighth amendment precedent existing time petitioner conviction became final case prior caldwell invalidated prosecutorial argument impermissible eighth amendment discussion improper prosecutorial comment donnelly dechristoforo noncapital murder case based due process clause guarantees fundamental fairness eighth amendment particular guarantees sentencing reliability eddings oklahoma lockett ohio gardner florida woodson north carolina earlier eighth amendment cases spoke general issue sentencing reliability issue decided caldwell teague meaningless applied level generality state point view indications caldwell eighth amendment requirement see california ramos maggio williams doubt view concerning major premise caldwell misleading prosecutorial comment might cause bias favor death sentences see dobbert florida said state cases anticipating caldwell rule prohibited similar prosecutorial statements decisions based state law purport construe eighth amendment reliance cases misapprehends function federal habeas relief serves ensure state convictions comport established federal law time petitioner conviction becomes final extent louisiana cases reflect state recognition general eighth amendment principles pointed toward adoption caldwell rule caldwell congruent preexisting state law serve show caldwell dictated eighth amendment precedents since courts expected apply principles announced prior eighth amendment decisions susceptible debate among reasonable minds petitioner argument state courts provided protection misleading prosecutorial comment unless compelled federal precedent threat federal habeas review premised skepticism state courts declines endorse pp caldwell come within either teague exceptions first exception applicability petitioner argument second exception read include new rules capital sentencing preserve accuracy fairness judgments looks first half exception definition qualify teague rule must improve accuracy trial must also essential fairness proceeding limit second exception recast suggested petitioner since almost eighth amendment jurisprudence concerning capital sentencing directed toward enhancement reliability accuracy sense caldwell systemic rule designed enhancement accuracy capital sentencing however measure protection error context capital sentencing added already existing due process guarantee fundamental fairness afforded donnelly supra defendants need rely caldwell rather donnelly must concede prosecutorial argument case harmful render sentencing trial fundamentally unfair thus said caldwell type absolute prerequisite fundamental fairness may come within teague second exception dugger adams pp kennedy delivered opinion rehnquist white scalia joined marshall filed dissenting opinion brennan joined blackmun joined parts ii iii iv stevens joined parts ii iii post catherine hancock argued cause petitioner briefs elizabeth cole dorothy pendergast argued cause respondent brief john mamoulides terry boudreaux julius chambers filed brief naacp legal defense educational fund amicus curiae urging reversal kent scheidegger filed brief criminal justice legal foundation amicus curiae urging affirmance briefs amici curiae filed american bar association stanley chauvin jay topkis ronald tabak eric freedman stephan sachs et al randy hertz michael millemann justice kennedy delivered opinion must decide case whether prisoner whose murder conviction became final decision caldwell mississippi entitled use decision challenge capital sentence federal habeas corpus action hold caldwell announced new rule defined teague lane new rule come within teague exception watershed rules fundamental integrity criminal proceeding years ago petitioner robert sawyer murdered frances arwood visitor new orleans louisiana residence petitioner shared girlfriend cynthia shano september petitioner accomplice charles lane arrived residence night drinking argued arwood accused giving drugs shano children reasons clear petitioner lane struck arwood repeatedly fists dragged hair bathroom stripped victim naked literally kicked bathtub subjected scalding dunkings additional beatings petitioner left lane guard victim apparently rape petitioner went kitchen boil water scald petitioner kicked arwood chest causing head strike tub windowsill rendering unconscious pair dragged arwood living room continued beat kick petitioner poured lighter fluid unconscious victim particularly torso genital area set lighter fluid afire told lane done show cruel brutalities recount arwood later died injuries petitioner convicted sentenced death crime louisiana jury september issue case remarks made prosecutor closing argument sentencing phase trial prosecutor first stated discussing proof aggravating circumstances louisiana law law provides find one circumstances juror sentencing robert sawyer electric chair saying people parish appellate state possibly people factfinding body facts evidence heard relationship man conduct opinion aggravating circumstances defined statute state legislature type crime deserves penalty merely recommendation try may weidner tells every one hope live conscience try play upon emotions deny difficult decision one likes make type decisions realize man actions type life decided live free choosing presenting evidence making argument make decision tr really whole lot said point time already said done decision hands people going take initial step initial step saying people parish man judges going review case day people agree tolerate individual commit heinous atrocious crime degrade fellow human without authority impact full authority impact law louisiana saying man actions prosecuted fullest extent law less feel otherwise feel like one easy defense lawyers try make every one feel like pulling switch wrong decision believe believe others behind either agree say wrong ask courage convictions petitioner filed federal habeas corpus petition us raising host constitutional claims relevant petitioner claim prosecutor closing argument violated eighth amendment constitution diminishing jury sense responsibility capital sentencing decision violation decision caldwell mississippi caldwell decided one year petitioner conviction became final district denied relief concluding prosecutor remarks different character caldwell reasonable probability sentence different absence comments divided panel appeals fifth circuit affirmed panel held facts case far cry caldwell large part due absence judicial approval prosecutor comments following panel decision fifth circuit granted rehearing en banc en banc heard oral argument case pending held teague lane rule constitutional law established petitioner conviction become final may used attack conviction federal habeas corpus unless rule falls within one two narrow exceptions fifth circuit requested supplemental briefing parties question whether teague barred petitioner claim relief caldwell en banc held caldwell announced new rule within meaning teague rule within teague second exception watershed rules criminal procedure guarantee accuracy criminal proceeding accordingly appeals affirmed denial habeas corpus relief granted certiorari resolve conflict among courts appeals see hopkinson shillinger affirm ii must address first whether relying caldwell petitioner claims benefit new rule defined decision teague caldwell held eighth amendment prohibits imposition death sentence sentencer led false belief responsibility determining appropriateness defendant capital sentence rests elsewhere see opinion determined false information type might produce substantial unreliability well bias favor death sentences outset note parties dispute whether caldwell even rule applies support claim relief petitioner case state emphasizes judge case unlike caldwell see approve prosecutor argument remarks case less likely mislead petitioner hand contends prosecutor remarks similar caldwell cured judge instructions jury need address significant questions concerning merits petitioner caldwell claim facts question whether application caldwell facts presented involve new rule law rather address whether caldwell available petitioner ground upon may seek relief cf dugger adams merit caldwell claim immaterial disposition case procedural bar grounds review relevant precedents preceded caldwell convinces us new rule purposes teague point accord appeals well two courts appeals addressed question see clark dugger hopkinson shillinger supra rule teague serves validat reasonable interpretations existing precedents made state courts even though shown contrary later decisions butler mckellar thus defined new rules dictated precedent existing time defendant conviction became final teague supra plurality opinion principle announced teague serves ensure gradual developments law reasonable jurists may disagree later used upset finality state convictions valid entered recognition purpose federal habeas corpus ensure state convictions comply federal law existence time conviction became final provide mechanism continuing reexamination final judgments based upon later emerging legal doctrine caldwell course decided upon clean slate caldwell recognized earlier addressed question improper prosecutorial comment donnelly dechristoforo stated donnelly improper remarks prosecutor point infec trial unfairness make resulting conviction denial due process pervasive error established case took occasion warn holding every improper unfair argument state prosecutor federal due process violation caldwell supra caldwell unlike donnelly capital case noting principle set forth donnelly caldwell determined rely due process clause particular guarantees sentencing reliability based eighth amendment donnelly reversed appeals opinion vacating conviction prosecutorial comments potentially misleading caldwell found need reliable sentencing capital cases required new sentencing proceeding false prosecutorial comment created unacceptable risk death penalty may meted arbitrarily capriciously opinion examination eighth amendment authorities preceded caldwell shows dictated prior precedent existing time defendant conviction became final caldwell relied eddings oklahoma lockett ohio plurality opinion gardner florida plurality opinion woodson north carolina support result cited decisions general proposition capital sentencing must guarantees reliability must carried jurors view relevant characteristics crime criminal take task serious one petitioner cites cases support argument caldwell rooted eighth amendment command reliable sentencing application cases misleading prosecutorial comment analogy lead predictable caldwell result brief petitioner doubt earlier eighth amendment cases lent general support conclusion reached caldwell neither fact petitioner contention state courts found caldwell predictable development eighth amendment law brief petitioner suffices show caldwell new rule petitioner view caldwell dictated principle reliability capital sentencing test meaningless applied level generality cf anderson creighton test clearly established law applied level generality laintiffs able convert rule qualified immunity cases plainly establish rule virtually unqualified liability simply alleging violation extremely abstract rights beyond question case prior caldwell invalidated prosecutorial argument impermissible eighth amendment eddings lockett invalidated statutory schemes imposed absolute prohibition consideration certain mitigating evidence sentencer woodson invalidated capital sentencing statute providing mandatory capital sentencing gardner invalidated capital sentence based information defendant notice opportunity respond cases speak issue decided caldwell said saffle parks applies even agree petitioner assertion decisions lockett eddings inform even control govern analysis claim follow compel rule petitioner seeks certainly caldwell seen compelled three justices found lack authority eighth amendment precedents approach taken see rehnquist dissenting point view state considering petitioner claim time conviction became final saffle supra fact indications decisions caldwell rule requirement eighth amendment previous case raising eighth amendment challenge prosecutorial comment rejected petitioner claim california ramos indeed mississippi held without dissent caldwell ramos stood proposition may decide whether error mention jurors matter appellate review see caldwell state mississippi characterization ramos course later proved incorrect nonetheless suggests prior caldwell cases put courts notice eighth amendment compelled caldwell result opinion maggio williams provides direct evidence rule caldwell described dictated existing law time petitioner claim became final williams vacated stay execution case presenting claim similar caldwell justice stevens opinion concurring judgment described length prosecutor argument case one similar argument made caldwell however found prisoner challenge prosecutor statements warrant ed little discussion although stated failure raise claim improper prosecutorial argument earlier habeas petition inexcusable noted district second petition given claim full consideration standard established donnelly dechristoforo found prosecutor closing argument render williams trial fundamentally unfair opinion concluded describing claims raised williams insubstantial williams course represent rejection merits rule announced caldwell given statements concerning similar claim williams think state viewing petitioner case time conviction became final concluded eighth amendment precedents compelled rule note also petitioner conviction became final reason doubt view concerning became major premise caldwell misleading prosecutorial comment might cause bias favor death sentences time petitioner trial appeal least suggestion see dugger adams comments tending diminish jury sense sentencing responsibility skew result toward leniency rather death sentence see dobbert florida florida change system jury verdict advisory might benefit defendants jury may chosen leniency knew sentencing decision rested ultimately shoulders trial judge might followed course vote final petitioner places primary reliance numerous state cases decided prior finality conviction prohibited prosecutorial statements type later held violate eighth amendment caldwell see ward commonwealth ice commonwealth cert denied wiley state miss cert denied williams state miss cert denied state robinson la state willie la cert denied state jones state gilbert state tyner hawes state fleming state cert denied state white prevatte state state hines petitioner argues authorities show state courts anticipated rule caldwell state reliance interest upset retroactive application federal rule overturn state conviction became final caldwell decided flaw argument availability claim state law establish claim available constitution dugger adams supra cases cited respondent one arguable exception decisions state law purport construe eighth amendment cases moreover apply state common law rules prohibiting mention appellate review condemn false prosecutorial statements eighth amendment analysis employed caldwell reliance state law cases proposition rule adopted caldwell old one misapprehends function federal habeas corpus said relevant frame reference new rule inquiry purpose new rule whose benefit defendant seeks instead purposes writ habeas corpus made available teague quoting mackey federal habeas corpus serves ensure state convictions comport federal law established time petitioner conviction became final petitioner points support argument caldwell applied old rule opinion based part adoption many state courts rules prohibited prosecutorial comments diminish jury sense sentencing responsibility brief petitioner see true cases looked decisions state courts legislatures inform eighth amendment analysis petitioner attempt use fact show caldwell old rule untenable view state decisions inform decisions substantive content eighth amendment simultaneous effect impose standards back upon retroactive effect view also inconsistent citation penry lynaugh ford wainwright relied eighth amendment analysis statutory common law majority see example new rule one louisiana case cited petitioner disapproving prosecutorial comment appellate review discuss eighth amendment principles rather relying solely state law even case however cited eighth amendment cases discussion prosecutorial reference possibility pardon discussion prosecutorial comment appellate review issue us referred state law rules see state willie supra la cert denied petitioner also cites louisiana cases cite caldwell state cases interchangeably state caldwell change prior law state see state smith state clark state ex rel busby butler extent cases reflect state recognition general eighth amendment principles pointed toward adoption caldwell rule caldwell congruent preexisting state law serve show caldwell dictated eighth amendment precedent state courts well federal expected engage application principles announced prior eighth amendment decisions susceptible debate among reasonable minds butler petitioner appears contend state courts recognize federal constitutional protections compelled federal precedent threat federal habeas review since state courts recognized principle similar caldwell argument goes result caldwell must compelled eighth amendment precedent argument premised skepticism state courts decline endorse state courts coequal parts national judicial system give serious attention responsibilities enforcing commands constitution surprising state courts whether applying federal constitutional protections seeking fair administration state capital punishment law taken care exclude misleading prosecutorial comment conscientious exercise powers supervision review dictate caldwell principle federal law eighth amendment iii teague new rules may applied habeas corpus proceedings come within one two narrow exceptions saffle first applies new rules place entire category primary conduct beyond reach criminal law teague supra plurality opinion new rules prohibit imposition certain type punishment class defendants status offense penry supra exception application second teague exception applies new watershed rules criminal procedure necessary fundamental fairness criminal proceeding saffle supra teague plurality opinion petitioner challenges appeals conclusion caldwell come within exception petitioner contends second teague exception read include new rules capital sentencing preserve accuracy fairness capital sentencing judgments brief petitioner test looks half definition second exception acceptance petitioner argument return second exception broad definition justice harlan first proposed desist later abandoned mackey new rules significantly improve preexisting factfinding procedures retroactively applied habeas desist teague modified justice harlan test combine accuracy element desist test mackey limitation exception watershed rules fundamental fairness thus enough teague say new rule aimed improving accuracy trial required rule qualifies exception must improve accuracy also alter understanding bedrock procedural elements essential fairness proceeding teague supra quoting mackey scope teague exceptions must consistent recognition pplication constitutional rules existence time conviction became final seriously undermines principle finality essential operation criminal justice system teague supra plurality opinion citing friendly innocence irrelevant collateral attacks criminal judgments costs imposed upon state retroactive application new rules constitutional law habeas corpus thus generally far outweigh benefits application solem stumes opinion powell stated teague second exception directed new rules essential accuracy fairness criminal process unlikely many components basic due process yet emerge plurality opinion difficult see limit definition second exception cast proposed petitioner eighth amendment jurisprudence concerning capital sentencing directed toward enhancement reliability accuracy sense indeed petitioner suggested eighth amendment rule sufficiently fundamental qualify proposed definition exception oral argument case counsel unable provide single example tr oral arg practical effect petitioner asks us overrule decision penry teague applies new rules capital sentencing decline time petitioner trial appeal rule donnelly place protect defendant show prosecutor remarks fact made proceeding fundamentally unfair always open petitioner challenge prosecutor remarks sentencing proceeding making showing required donnelly see dugger adams defendant whose trial appeal occurred prior caldwell challenged improper remarks trial judge time trial violation due process see donnelly dechristoforo maggio williams discussing application donnelly improper remarks sentencing petitioner contested appeals finding claim relief donnelly standard appeals stated defendants need rely caldwell rather donnelly must concede prosecutorial argument case harmful render sentencing trial fundamentally unfair rather focusing prejudice defendant must shown establish donnelly violation concern caldwell unacceptable risk misleading remarks affect reliability sentence see opinion caldwell must therefore read providing additional measure protection error beyond afforded donnelly special context capital sentencing see darden wainwright caldwell rule designed enhancement accuracy capital sentencing protection systemic value state federal courts charged reviewing capital proceedings given added existing guarantee due process protection fundamental unfairness say systemic rule enhancing reliability absolute prerequisite fundamental fairness type may come within teague second exception discussions nature caldwell error contexts also support conclusion dugger adams supra held failure consider caldwell claim come within fundamental miscarriage justice exception doctrine procedural default see murray carrier rejected dissent contention fundamental miscarriage justice shown essence caldwell claim accuracy sentencing determination unconstitutionally undermined dugger supra similarly williams supra justice stevens concluded discussion claim stating question whether said trial fundamentally unfair see rose lundy stevens dissenting cases course involved different rules contexts yet think rationale reflects rejection argument caldwell represents rule fundamental criminal proceeding petitioner seeks benefit new rule come within either teague exceptions claim habeas corpus relief without merit judgment appeals therefore affirmed closing argument sentencing phase robert sawyer trial prosecutor emphatically argued jury sentence death merely recommendation others able correct decision turned wrong argument misrepresented scope appellate review capital sentences louisiana law art west review state limited question whether sentence death excessive prosecutor effort minimize jury sense responsibility precisely type misleading argument condemned caldwell mississippi therefore fundamentally incompatible eighth amendment heightened need reliability determination death appropriate punishment quoting woodson north carolina plurality opinion refuses address sawyer caldwell claim merits instead holds caldwell created new rule within meaning teague lane ante caldwell protection misleading prosecutorial argument watershed rul criminal procedure essential fundamental fairness capital proceeding ante quoting saffle parks reach result majority misrepresents source function caldwell prohibitions thereby applying retroactivity bar case state legitimate interest finality death sentence obtained intentional misconduct dissent teague plurality declared case announces new rule result dictated precedent existing time defendant conviction became final term held new rule principle validates reasonable interpretations existing precedents made state courts even though shown contrary later decisions butler mckellar accord parks supra quoting butler supra continue regard effort curtail scope federal habeas inconsistent congress intent provide state prisoners opportunity redress unlawful state deprivations liberty interests fresh full review claims article iii butler supra brennan joined marshall blackmun stevens dissenting even majority standard though answer legal question susceptible debate among reasonable minds butler supra existing precedent compelled state courts provide relief time defendant conviction became final parks supra decision announce new legal rule within meaning teague circumstances defendant entitled retroactive benefit decision seeks invoke new rule inquiry spelled teague butler parks confirms caldwell create new rule roots caldwell rule traced directly eighth amendment decisions demanding heightened reliability capital sentencing woodson north carolina supra plurality opinion lockett ohio plurality opinion eddings oklahoma concurring woodson lockett eddings considered rejected efforts furman georgia eliminate arbitrariness administration death penalty limiting withdrawing sentencer discretion decisions well decisions upheld capital sentencing schemes see gregg georgia proffitt florida jurek texas emphasized sentencers must confront truly awesome responsibility decreeing death fellow human due regard consequences decision lockett supra plurality opinion internal quotation marks citation omitted time caldwell eighth amendment jurisprudence ha taken given capital sentencers view task serious one determining whether specific human die hands state majority nonetheless insists principle reliability capital sentencing framed high level generality treating relevant principle determining whether caldwell new law render teague meaningless ante argument ignores centrality caldwell rule reliability capital sentencing caldwell error affects consideration relevant sentencing factors entire decisionmaking process prosecutor misleadingly tells jury verdict may corrected appeal prosecutor invites jury shirk sentencing responsibility prosecutor essentially informs jury verdict less important execution occur without independent approval higher authorities extent prosecutor comments focused unambiguous strong caldwell supra misconduct casts irredeemable doubt resulting verdict rules capital proceedings contribute fundamentally reliability rules majority rejection reliability principle general may apt example rule batson kentucky prohibiting state exercising peremptory challenges racially discriminatory manner fundamental impact accuracy opposed integrity criminal process see allen hardy caldwell rule though prerequisite reliability capital sentencing unlike right counsel right jury understands gravity task essential vindication sentencing guarantees meticulous presentation evidence careful instruction law minimal value defendant whose jury led believe verdict little consequence majority observation caldwell prohibition misleading prosecutorial argument specific thus undermine sawyer assertion dictated eighth amendment general insistence reliability capital sentencing majority assertion fact indications decisions caldwell rule requirement eighth amendment ante unsupported cases majority relies california ramos defendant challenged california requirement trial courts instruct capital juries governor power commute life sentences rejecting eighth amendment challenge emphasized challenged instruction accurate distinguished gardner florida struck death sentence based part information contained presentence report disclosed defense counsel unlike gardner risk information relied sentencing may en erroneous plurality opinion sentencing decision ramos rest part erroneous inaccurate information see also ibid need reliability capital sentencing require reversal challenged instruction gave jury accurate information cf caldwell concurring part concurring judgment view prosecutor remarks impermissible inaccurate misleading manner diminished jury sense responsibility agree valid state penological interest imparting inaccurate misleading information minimizes importance jury deliberations capital sentencing case quoting majority opinion ramos approval california decision provide capital juries accurate information respecting commutation reasonably read approval misleading inaccurate prosecutorial argument concerning scope appellate review mississippi caldwell erroneously read ramos broadly majority argues sugges prior caldwell cases put courts notice eighth amendment compelled caldwell result ante courts misconstrue precedents notwithstanding clarity see mckoy north carolina state failed adhere clear direction mills maryland mere fact single adopts position contrary one dictated precedents confirm case law unclear indeed standard almost every decision announce new rule seldom take cases resolve issues lower courts universal agreement moreover majority view state decisions misconstruing scope eighth amendment decisions simultaneously limit reach decisions matter federal law cf ante ironically majority regards one errant decision mississippi evidence uncertainty yet dismisses irrelevant new rule inquiry rejection prosecutorial argument prior caldwell supra collecting cases even mississippi declared ny argument state distorts minimizes solemn obligation responsibility jury serious error hill state miss refusing rule defendant claim however absence contemporaneous objection state decisions even premised federal law play part determining status constitutional protections eighth amendment amendment draw meaning evolving standards decency mark progress maturing society trop dulles plurality opinion often looked laws barometer contemporary values see penry lynaugh ford wainwright course recognition right state law translate automatically existence federal constitutional protection consensus among regarding essential ingredient fair trial sentencing phase state berry la opinion rehearing evidence right cognizable federal constitution strong condemnation misleading prosecutorial argument regarding scope appellate review thus additional evidence eighth amendment decisions compelled result caldwell moreover majority contention state courts based decisions solely state common law ante assumes capital punishment jurisprudence evolved independently eighth amendment decisions state decisions regarding capital sentencing procedures even explicitly mention federal law surely informed federal principles thus accorded weight discerning scope federal protections especially condescending federalism protect retroactive application federal law dismissing state decisions concerning capital sentencing irrelevant lineage federal law approach improper prosecutorial comments donnelly dechristoforo also supports finding caldwell establish new rule donnelly prosecutor hinted defendant might willing accept lesser penalty crime implicitly suggesting defendant acknowledged guilt held comment violate due process clause ambiguous corrected trial fleeting influenced jury donnelly specifically confined decision prosecutorial comments implicate specific guarantees bill rights claim implicated rights acknowledged special care required assure prosecutorial conduct way impermissibly infringe ibid donnelly decided prior explicit recognition cases following gregg eighth amendment affords special protections defendants facing death penalty decisions decade donnelly caldwell made unmistakably clear death penalty qualitatively different character punishments necessitates corresponding difference need reliability determination death appropriate punishment specific case woodson plurality opinion see also beck alabama quoting gardner plurality opinion moreover jurisprudence time caldwell indicated unambiguously eighth amendment protects risk death penalty imposed arbitrary capricious manner gregg joint opinion stewart powell stevens jj see also lockett plurality opinion light repeated emphasis indispensable safeguards guaranteed capital sentencing provision bill rights faced misleading prosecutorial comments jury sentencing role prior caldwell reasonably concluded basis donnelly comments survive scrutiny majority contrary conclusion rests misunderstanding relationship caldwell donnelly majority endorses fifth circuit view defendants need rely caldwell rather donnelly must concede prosecutorial argument case harmful render sentencing trial fundamentally unfair ante quoting caldwell majority argues additional measure protection error beyond afforded donnelly special context capital sentencing ante analysis erroneously presumes precisely caldwell denies focused unambiguous strong prosecutorial arguments mislead jury sentencing role capital context ever deemed harmless caldwell rests view strong uncorrected unequivocal prosecutorial argument minimizing jury sense responsibility capital sentencing decision presents intolerable danger jury fact choose minimize importance role caldwell thus tells us capital trial jury misled sentencing role fundamentally unfair therefore violates donnelly well majority claim maggio williams provides direct evidence rule caldwell clear time petitioner conviction became final ante likewise unconvincing williams vacated fifth circuit entry stay capital case williams contentions insubstantial williams alleged inter alia prosecutor closing argument elicited decision based passion rather reason prosecutor argument referred scope appellate review see stevens concurring judgment motion vacate stay came sole issue whether reasonable probability four members vote grant certiorari internal quotation marks omitted view williams prior unsuccessful efforts secure relief similar claims applied strict standard review williams application stevens concurring judgment discuss merits williams claim regarding prosecutorial argument note district given full consideration found render williams trial fundamentally unfair vacation stay circumstances thus reflects view williams claims posture warrant certiorari plenary consideration sum cases dictated result caldwell decided sawyer conviction became final entitled careful review merits caldwell claim ii even caldwell established new rule rule nonetheless available federal habeas rule without likelihood accurate verdict seriously diminished teague devastating impact prosecutorial argument diminishes jurors sense responsibility revealed state decisions condemning argument see fleming state holding type remark unusual potential corrupting death sentencing process state berry reference conveys message jurors awesome responsibility lessened fact decision final one reference contains inaccurate misleading information defendant fair trial sentencing phase penalty vacated ward commonwealth holding prosecutor clearly sought divert minds jurors true responsibility case implying ultimate responsibility fall trial judge appellate courts clearly error reversible magnitude hill state argument state distorts minimizes solemn obligation responsibility jury serious error death penalty case jury never given false comfort decision make corrected wiley state miss jury literally hangman sic may supply hangman victims notions justice require jurors individuals body recognize appreciate gravity role majority underestimation caldwell importance rests defect discussed supra namely view caldwell error render trial fundamentally unfair majority vague suggestion caldwell serves protection systemic value state federal courts charged reviewing capital proceedings ante disguise inability identify concrete terms situation caldwell error occurs yet capital proceeding described fundamentally fair see caldwell holding improper prosecutorial comment occurs sentencing decision meet standard reliability eighth amendment requires dugger adams undermine caldwell status fundamental rule issue whether particular defendant failed object misleading prosecutorial argument sentencing suffered sufficient prejudice justify overlooking state procedural bar denial relief rested largely importance state interest defendant challenge faulty instruction timely manner correct misstatement see also wainwright sykes stringent standard excusing procedural defaults particular defendant premised dual notion absent exceptional circumstances defendant bound tactical decisions competent counsel defense counsel may flout state procedures turn around seek refuge federal consequences conduct reed ross citations omitted concern enforcing state procedural rules particular defendant stake decide whether apply new constitutional principles retroactively federal habeas cases inquiry instead focuses importance new principle generally fairness accuracy proceedings principle went unobserved whereas dugger inquiry focuses general necessity rule ensure accurate verdict cases overlook clear procedural default error probably resulted conviction one actually innocent internal quotation marks omitted strict procedural default rule designed part protect state interest unique context procedural default correcting error first instance sykes supra finally fundamental importance caldwell denied ground unlikely many new rules basic due process essential accuracy fairness yet emerge ante quoting teague majority bind future present constitutional understandings essential due process see hurtado california rightly regard statement expression hubris discover volume reports even years ago time incidentally light history experience present limitations human knowledge rejected argument committing untrammeled discretion jury power pronounce life death capital cases offensive anything constitution mcgautha california omitted cf gregg joint opinion stewart powell stevens jj furman mandates discretion afforded sentencing body matter grave determination whether human life taken spared discretion must suitably directed limited minimize risk wholly arbitrary capricious action moreover notion already discovered procedures central fundamental fairness squarely inconsistent eighth amendment methodology bedrock eighth amendment principles emerge light new societal understandings experience see coker georgia plurality opinion iii refusal allow sawyer benefit caldwell reveals extent teague progeny unjustifiably limit retroactive application criminal rules prior teague retroactivity jurisprudence always recognized difference rules aimed primarily deterring police conduct designed promote accuracy criminal proceedings although former generally applied retroactively see linkletter walker routinely afforded defendants benefit new constitutional doctrine whose purpose overcome aspect criminal trial substantially impairs function raises serious questions accuracy guilty verdicts past trials williams plurality opinion departed general rule favoring retroactive application rules special cases retroactivity undermined substantial reliance interests law enforcement officials prosecutors acted good faith prior change law see stovall denno state prosecutor case surely claim belief legitimacy conduct proscribed caldwell misleading inaccurate argument designed minimize jury sentencing responsibility indeed state seems concede much framing reliance interest beyond general interest finality convictions right misleading prosecutorial remarks reviewed fundamental fairness standard due process rather eighth amendment brief respondent purported reliance interest depends erroneous view caldwell error survive review due process clause see supra even granting distinction degree scrutiny applied donnelly caldwell state claimed interest intentional misconduct reviewed less demanding standard hardly worth crediting state thus left rely solely general interest finality criminal proceedings today interest never alone sufficient preclude vindication constitutional rights federal habeas see reed ross teague course stated departing traditional approach case well butler parks involved rules recognize contributing meaningfully accuracy criminal proceedings see teague failure apply rule seriously diminish likelihood obtaining accurate conviction butler failure apply rule seriously diminish likelihood obtaining accurate determination indeed may increase likelihood parks objectives fairness accuracy likely threatened promoted rule cf ante acknowledging caldwell central purpose enhance accuracy capital sentencing cases thus decided way prior retroactivity doctrine weighed state finality reliance interests defendant interests protected new rule balancing competing concerns occurs today instead simply elevates preference finality state proceedings congress commitment provide federal forum state prisoners extending habeas corpus powers federal courts constitutional maximum fay noia raw preference finality unjustified although state undoubtedly possesses legitimate interest finality convictions state undermines accuracy capital proceeding general interest must give way demands justice iv jury sentenced sawyer death deliberately misled significance verdict sawyer thus denied fundamentally fair trial apparent sawyer conviction became final today refusal allow federal habeas correct error yet another indication less concerned safeguarding constitutional rights speeding defendants deserving executioner dissent even believe sawyer entitled federal habeas review caldwell claim nonetheless vacate death sentence adhere view death penalty circumstances cruel unusual punishment gregg georgia marshall dissenting footnotes majority nonetheless views williams casting doubt ultimate disposition caldwell mississippi prosecutor argument williams similar argument caldwell ante position though overbroad district finding williams trial fundamentally unfair donnelly dechristoforo tantamount finding williams jury misled sentencing role see williams king majority rejection view caldwell prohibitions vital fairness capital proceeding reveals tension retroactivity doctrine time majority insists caldwell dictated eighth amendment decisions majority also argues caldwell fundamental rule affected incremental change capital sentencing see ante stating caldwell provides merely additional measure protection error beyond afforded donnelly rule may new even designed serve interests substantially similar old rule majority extensive effort new rule analysis demonstrate caldwell additional protections marked departure eighth amendment jurisprudence however seems disingenuous light conclusion departure amount much