stringer black argued december decided march finding petitioner stringer guilty capital murder mississippi jury sentencing phase case found three statutory aggravating factors included factor murder especially heinous atrocious cruel otherwise defined trial instructions stringer sentenced death sentence affirmed state direct review postconviction relief denied state courts federal district denied habeas corpus relief rejecting contention heinous atrocious cruel aggravating factor vague render sentence arbitrary violation eighth amendment proscription cruel unusual punishment appeals ultimately affirmed holding stringer entitled rely clemons mississippi maynard cartwright habeas corpus proceedings decisions issued sentence became final announced new rule defined teague lane held federal habeas corpus proceeding petitioner whose death sentence became final maynard clemons decided foreclosed teague relying cases pp petitioner seeks federal habeas relief based principle announced final judgment teague requires federal determine first whether decision question announced new rule dictated precedent existing judgment became final answer yes neither two exceptions apply decision available petitioner second decision announce new rule necessary inquire whether granting relief sought create new rule prior decision applied novel setting thereby extending precedent see butler mckellar purposes teague maynard announce new rule invalidation oklahoma especially heinous atrocious cruel aggravating circumstance controlled godfrey georgia held georgia aggravating circumstance killing outrageously wantonly vile horrible inhuman vague imprecise inviting arbitrary capricious application death penalty violation eighth amendment pp rejects state contention time stringer conviction became final clemons new rule apply godfrey maynard holdings mississippi sentencing system differences use aggravating factors system use georgia system godfrey principal critical difference two schemes mississippi unlike georgia weighing state jury found defendant guilty capital murder found least one statutory aggravating factor must weigh factors mitigating evidence zant stephens expressly left open possibility weighing state infection process invalid aggravating factor might require invalidation death sentence although clemons later held appellate case reweigh aggravating mitigating circumstances undertake harmless error analysis suggested eighth amendment permits weighing state appellate affirm death sentence without thorough analysis role invalid aggravating factor played sentencing process required courts implement requirement individualized sentencing determinations death penalty cases see zant supra nonweighing state long sentencing body finds least one valid aggravating factor fact also finds invalid factor infect formal process deciding whether death appropriate sentencing body told weigh invalid factor decision weighing process skewed thus fact mississippi weighing state gives emphasis requirement aggravating factors defined degree precision underscores applicability godfrey maynard mississippi system pp moreover precedent existing time stringer sentence became final defeats state contention clemons reasonable believe constitutional requirement define aggravating factors precision mississippi system lowenfield phelps distinguished important mississippi final authority meaning mississippi law times viewed state capital sentencing scheme subject godfrey dictates see gilliard state correctness view matter federal law evident issue even mentioned clemons unchallenged state took granted proposition state uses aggravating factors deciding shall eligible receive death penalty use factors practical matter fail guide sentencer discretion see blackmun concurring part dissenting part fact two fifth circuit cases ruled godfrey inapplicable mississippi dispositive since cases ignored state characterization law accorded significance centrality aggravating factors weighing phase mississippi capital sentencing proceeding therefore seriously mistaken precedents existing even maynard clemons pp kennedy delivered opinion rehnquist white blackmun stevens joined souter filed dissenting opinion scalia thomas joined kenneth rose appointment argued cause petitioner brief james craig louis bilionis marvin white assistant attorney general mississippi argued cause respondents brief mike moore attorney general briefs amici curiae urging affirmance filed state texas et al dan morales attorney general texas pryor first assistant attorney general mary keller deputy attorney general michael hodge dana parker margaret portman griffey assistant attorneys general attorneys general respective follows james evans alabama grant woods arizona daniel lungren california linley pearson indiana frederic cowan kentucky william webster missouri marc racicot montana frankie sue del papa nevada lacy thornburg north carolina susan loving oklahoma ernest preate pennsylvania mary sue terry virginia joseph meyer wyoming criminal justice legal foundation kent scheidegger justice kennedy delivered opinion death sentence petitioner case decreed judgment became final decided either maynard cartwright clemons mississippi petitioner argues state mississippi committed error case clemons maynard clemons sentence unconstitutional question presented whether federal habeas corpus proceeding petitioner foreclosed relying maynard clemons either announced new rule defined teague lane june ray mcwilliams wife nell shot death jackson mississippi home part armed robbery petitioner james stringer fire fatal shots plan robbery take part killing part plan outset crimes gruesome aspects described opinion mississippi direct review conviction sentence stringer state mississippi law death sentence may imposed murders designated statute capital murder ann supp killing course burglary robbery included within category following capital murder conviction jury mississippi system proceeds sentencing phase case defendant convicted capital murder receive death sentence jury must find least one eight statutory aggravating factors must determine aggravating factor factors outweighed mitigating circumstances jury found petitioner guilty capital murder course robbery sentencing phase jury found three statutory aggravating factors aggravating factors defined jury instructions part following statutory wording defendant contemplated life taken capital murder intentionally committed defendant engaged attempt commit robbery committed pecuniary gain capital murder committed purpose avoiding preventing detection lawful arrest james stringer defendant capital murder especially heinous atrocious cruel brief respondents direct review mississippi affirmed stringer state supra respect sentence found imposed influence passion prejudice arbitrary factor evidence fully support ed jury finding statutorily required aggravating circumstances death sentence disproportionate sentences imposed cases ibid petitioner conviction became final denied certiorari february stringer mississippi postconviction relief denied state courts stringer state case comes us proceedings begun petitioner filed first federal habeas petition district southern district mississippi relevant claim petitioner contention third aggravating factor found jury considered sentencing proceeding heinous atrocious cruel aggravating factor vague render sentence arbitrary violation eighth amendment proscription cruel unusual punishment district found claim subject procedural bar alternative ruled merit stringer scroggy without consideration procedural bar question appeals affirmed merits finding constitutional infirmity jury consideration third aggravating factor two aggravating factors unchallenged stringer jackson appeals affirmed decided clemons mississippi later vacated opinion consideration remand appeals held petitioner entitled rely clemons related case maynard cartwright habeas corpus proceeding decisions announced new rule sentence final relied upon earlier analysis smith black cert pending case also presented question whether clemons maynard announced new rule granted certiorari reverse ii subject two exceptions cast decided petitioner conviction sentence became final may predicate federal habeas corpus relief unless decision dictated precedent existing judgment question became final butler mckellar penry lynaugh teague lane explained butler new rule principle validates reasonable good faith interpretations existing precedents made state courts even though shown contrary later decisions neither one exceptions issue inquiry confined question whether clemons maynard announced new rule petitioner seeks federal habeas relief based upon principle announced final judgment teague subsequent decisions interpreting require federal answer initial question cases second first must determined whether decision relied upon announced new rule answer yes neither exception applies decision available petitioner however decision announce new rule necessary inquire whether granting relief sought create new rule prior decision applied novel setting thereby extending precedent see butler mckellar supra interests finality predictability comity underlying new rule jurisprudence may undermined equal degree invocation rule dictated precedent application old rule manner dictated precedent determination whether maynard clemons announced new rule must begin godfrey georgia godfrey invalidated death sentence based upon aggravating circumstance killing outrageously wantonly vile horrible inhuman id formulation deemed vague imprecise inviting arbitrary capricious application death penalty violation eighth amendment later applied analysis reasoning maynard maynard aggravating circumstance oklahoma statute applied killing especially heinous atrocious cruel found language gave guidance statute godfrey invalidated oklahoma formulation case us mississippi argue maynard announced new rule us appears wise concession godfrey maynard indeed involve somewhat different language mistake conclude vagueness ruling godfrey limited precise language us case applying godfrey language us maynard brea new ground butler mckellar supra maynard therefore purposes teague controlled godfrey announce new rule substance state contention new rule apply godfrey maynard holdings mississippi sentencing process state argues must open question petitioner sentence became final clemons yet undecided acknowledge differences use aggravating factors mississippi capital sentencing system use georgia system godfrey view however differences considered basis denying relief light precedent existing time petitioner sentence became final indeed extent differences significant suggest application godfrey principle mississippi sentencing process follows fortiori application georgia system principal difference sentencing schemes georgia mississippi mississippi termed weighing state georgia see clemons mississippi parker dugger mississippi law jury found defendant guilty capital murder found existence least one statutory aggravating factor must weigh aggravating factor factors mitigating evidence contrast georgia jury must find existence one aggravating factor imposing death penalty aggravating factors specific function jury decision whether defendant found eligible death penalty receive circumstances case instead georgia scheme making decision penalty factfinder takes consideration circumstances sentence phases trial circumstances relate offense defendant zant stephens quoting response georgia certified question mississippi weighing state gives emphasis requirement aggravating factors defined degree precision express language zant left open possibility weighing state infection process invalid aggravating factor might require invalidation death sentence although later held clemons mississippi circumstances state appellate reweigh aggravating mitigating circumstances undertake analysis suggested eighth amendment permits state appellate weighing state affirm death sentence without thorough analysis role invalid aggravating factor played sentencing process require close appellate scrutiny import effect invalid aggravating factors implement eighth amendment requirement individualized sentencing determinations death penalty cases see zant supra eddings oklahoma lockett ohio plurality opinion roberts louisiana gregg georgia joint opinion stewart powell stevens jj woodson north carolina plurality opinion order state appellate affirm death sentence sentencer instructed consider invalid factor must determine sentencer done absent factor otherwise defendant deprived precision individualized consideration demands godfrey maynard line cases principles appellate review illustrated decision barclay florida florida like mississippi weighing state parker dugger supra trial judge imposes sentence based upon recommendation jury barclay sentencing judge relied aggravating factor legitimate one state law affirmed sentence clear florida determined sentence sentencing judge given weight invalid factor see plurality opinion opinion stevens therefore contrary dissent suggestion post fact principal opinions barclay focused weight sentencer gave invalid aggravating factor demonstrates reviewing weighing state may make automatic assumption factor infected weighing process short may make automatic assumption stringer claims mississippi made case view general requirement individualized sentencing specific requirement sentence based improper factor reassessed care assure proper consideration given arguable basis support view appeals time petitioner sentence became final mississippi permitted apply rule automatic affirmance death sentence supported multiple aggravating factors one invalid respect function state reviewing determining whether sentence upheld despite use improper aggravating factor difference weighing state nonweighing state one semantics appeals thought stringer jackson critical importance nonweighing state long sentencing body finds least one valid aggravating factor fact also finds invalid aggravating factor infect formal process deciding whether death appropriate penalty assuming determination state appellate invalid factor made difference jury determination constitutional violation resulting introduction invalid factor earlier stage proceedings sentencing body told weigh invalid factor decision reviewing may assume made difference thumb removed death side scale weighing process skewed constitutional analysis reweighing trial appellate level suffices guarantee defendant received individualized sentence clear principle emerges single case dissent require post long line authority setting forth dual constitutional criteria precise individualized sentencing thus principal difference sentencing systems mississippi georgia different role played aggravating factors two underscores applicability godfrey maynard mississippi system although made similar argument clemons state contends clemons reasonable believe constitutional requirement define aggravating factors precision mississippi system points fact order jury find defendant guilty capital murder must find crime fits within narrow precise statutory definition offense additional consideration aggravating factors sentencing phase view constitutional significance requisite differentiation among defendants death penalty purposes taken place jury deliberation respect guilt state cites decision lowenfield phelps support analysis lowenfield arising louisiana law applicable indicate clemons imposed new rule louisiana person eligible death penalty unless found guilty homicide category narrow general category homicide defendant guilty homicide louisiana jury finds killing fits one five statutory criteria see quoting la rev stat ann west determining defendant guilty murder louisiana jury next must decide whether least one statutory aggravating circumstance considering mitigating circumstances determine whether death penalty appropriate unlike mississippi process louisiana jury required weigh aggravating mitigating factors lowenfield petitioner argued death sentence invalid aggravating factor found jury duplicated elements already found determining homicide rejected argument consequence louisiana sentencing procedures failed narrow class defendants predictable manner observed use aggravating circumstances end means genuinely narrowing class persons thereby channeling jury discretion see reason narrowing function may performed jury findings either sentencing phase trial guilt phase went compare louisiana scheme texas scheme required narrowing occurs guilt phase discussing jurek texas also contrasted louisiana scheme georgia florida schemes state premise mississippi sentencing scheme comparable louisiana error mississippi stated uncertain terms exception one distinction relevant sentencing system operates manner florida system florida course subject rule forbidding automatic affirmance state appellate invalid aggravating factor relied upon considering godfrey claim based factor issue mississippi considered decisions florida appropriate source guidance gilliard state miss mississippi compared claim claim dobbert state cert denied stated dobbert florida held even though lower considered two circumstances pass constitutional muster amount aggravating circumstances one aggravating circumstance existed sufficient uphold death penalty distinction dobbert present case dobbert florida law judge determined sentence without jury gilliard supra matter federal law moreover view mississippi godfrey dictates apply capital sentencing procedure correct indeed evident issue even mentioned clemons took granted state challenge proposition state uses aggravating factors deciding shall eligible death penalty shall receive death penalty use factors practical matter fail guide sentencer discretion see clemons supra opinion blackmun joined brennan marshall stevens concurring part dissenting part noting unconstitutionality vague aggravating factor implicit opinion even free ignore mississippi understanding way law works reject suggestion lowenfield form basis argument godfrey apply mississippi although precedents require use aggravating factors permitted state aggravating factors decisive use factors vague imprecise content vague aggravating factor employed purpose determining whether defendant eligible death penalty fails channel sentencer discretion vague aggravating factor used weighing process sense worse creates risk jury treat defendant deserving death penalty might otherwise relying upon existence illusory circumstance use vague aggravating factor weighing process creates possibility randomness also bias favor death penalty cautioned zant might requirement weighing process infected vague factor death sentence must invalidated nothing lowenfield suggests proscription vague aggravating factors apply capital sentencing system like mississippi lowenfield involve claim statutory aggravating factor ambiguous relevance godfrey find necessary cite line cases following godfrey slight best also note state reliance lowenfield show anticipated godfrey application mississippi somewhat odd lowenfield decided petitioner conviction sentence already final fiction state contend courts relied decision say state rely decision announced petitioner conviction sentence became final defeat claim merits insofar new rule jurisprudence validates reasonable good faith interpretations existing precedents butler mckellar however state may little cause complain deciding allow petitioner rely upon decision federal courts look precedents state courts knew relevant time event need dwell anachronism inherent state lowenfield argument concluded case provide basis concluding new rule apply godfrey mississippi system state next argues clemons application godfrey mississippi dictated precedent prior clemons fifth circuit concluded godfrey apply mississippi see evans thigpen cert denied johnson thigpen cert denied addressing merits argument reiterate rationale fifth circuit adopted mississippi state primary beneficiary teague doctrine mississippi recognized bound godfrey see mhoon state requiring based godfrey capital sentencing jury given narrowing construction heinous atrocious cruel factor fifth circuit views relevant inquiry see butler supra dispositive purpose new rule doctrine validate reasonable interpretations existing precedents reasonableness many contexts objective standard ultimate decision whether clemons dictated precedent based objective reading relevant cases short answer state argument fifth circuit made serious mistake evans thigpen johnson thigpen fifth circuit ignored mississippi characterization law accorded significance fact mississippi aggravating factors central weighing phase capital sentencing proceeding explained facts accorded proper significance precedents even maynard clemons yield principle use vague imprecise aggravating factor weighing process invalidates sentence least requires constitutional harmless error analysis reweighing state judicial system reverse decision appeals remand case proceedings consistent opinion ordered today holds reasonable jurist believed two years zant stephens holding case apply weighing state maintains contrary obvious sentencer weighing vague aggravating circumstance deprives defendant individualized sentencing may obvious maynard cartwright submit decided case respectfully dissent principle first announced teague lane prisoner seeking habeas corpus relief federal generally benefit new rule announced prisoner conviction became final plurality opinion exhausting direct appeals see penry lynaugh decision announces new rule result dictated precedent existing time defendant conviction became final teague supra plurality opinion emphasis omitted result given case dictated precedent susceptible debate among reasonable minds butler mckellar put differently reasonable jurists may disagree sawyer smith petitioner conviction became final teague purposes february claims benefit rule eighth amendment violation occurs sentencer weighing state considers vague aggravating circumstance even sentencer also found existence least one aggravating circumstance neither vague otherwise infirm never endorsed position february discuss relevant decisions infra part decisions implicitly least announced rule petitioner invokes infra part finally enquire whether rule dictated decisions infra part ii cases determining apposite law start godfrey georgia georgia sentencing scheme defendant given life sentence unless jury finds one aggravating circumstances jury aggravating circumstances longer play role jury instructed determine whether defendant receive death sentence considering evidence aggravation mitigation jury instructed weigh aggravating circumstances mitigating circumstances godfrey georgia jury returned death verdict strength one aggravating circumstance murder outrageously wantonly vile horrible inhuman plurality opinion saying person ordinary sensibility fairly categorize almost every murder outrageously wantonly vile horrible inhuman held circumstance failed impose restraint arbitrary capricious infliction death sentence accordingly georgia sentencing scheme applied violated eighth amendment way scheme struck furman georgia failed provide meaningful basis distinguishing cases penalty imposed many cases internal quotations omitted godfrey came zant stephens arising georgia jury death verdict based showing several aggravating circumstances one respondent substantial history serious assaultive criminal convictions shortly respondent sentencing georgia different case held substantial history circumstance left wide latitude discretion jury whether impose death penalty rendering death sentence imposed upon strength substantial history circumstance alone unconstitutional furman arnold state georgia nevertheless refused vacate stephens sentence holding adequately supported unchallenged aggravating circumstances stephens state cert denied agreed holding godfrey distinguishable case single aggravating circumstance failed narrow class persons eligible death penalty required eighth amendment stephens remaining aggravating circumstances properly discharged narrowing obligation vagueness one among several aggravating circumstances therefore held irrelevant scheme adequate furman long included mandatory appellate review arbitrariness disproportionality stemming source last relevant decision barclay florida florida scheme like one georgia requires sentencer impose life sentence finds aggravating circumstances present unlike georgia florida weighing state sentencer finds one aggravating circumstances exist must determine sentence weighing aggravating mitigating circumstances barclay judge imposed death sentence finding several aggravating circumstances one petitioner criminal record florida law recognize aggravating circumstance held resulting death sentence violate eighth amendment reason sentence stephens remaining aggravating circumstances satisfied eighth amendment narrowing requirement see plurality opinion stevens concurring judgment see also opinion rehnquist distinguishing godfrey involving one aggravating circumstance first case applied rule petitioner seeks benefit maynard cartwright oklahoma jury found presence two aggravating circumstances one murder especially heinous atrocious cruel oklahoma weighing state trial instructed jury determining penalty weigh aggravating circumstances mitigating circumstances jury eventually returned verdict death collateral review appeals tenth circuit held heinous atrocious cruel circumstance without instruction vague godfrey sense see cartwright maynard en banc distinguishing stephens appeals held vagueness amounted eighth amendment violation oklahoma weighing state vacated cartwright sentence noting oklahoma highest failed cure constitutional defect either reweighing performing harmless error review affirmed holding godfrey controlled especially heinous atrocious cruel circumstance gave guidance outrageously wantonly vile horrible inhuman circumstance maynard rejected oklahoma argument cartwright sentence adequately supported unchallenged aggravating circumstance observing oklahoma highest practice attempting save death penalty one several aggravating circumstances found invalid instead simply commute death sentence imposed finding invalid aggravating circumstance sentence life imprisonment see said appeals faulted undertaking state courts refused cartwright followed clemons mississippi like oklahoma mississippi weighing state jury returned death verdict finding two aggravating circumstances present one crime especially heinous atrocious cruel finding two aggravating circumstances outweighed mitigating circumstances mississippi affirmed distinguishing cartwright ground inter alia oklahoma procedure salvaging death sentence resting part vague aggravating circumstance established procedure mississippi hen one aggravating circumstance found invalid remaining valid aggravating circumstance nonetheless support death penalty verdict internal quotation marks omitted clemons argued jury originally imposed death sentence constitution demanded resentencing jury whenever state appellate found jury considered unconstitutionally vague aggravating circumstance rejected argument saying nothing constitution forbade state appellate salvage unconstitutional sentence although minimum state appellate reweigh perform harmless error review rejecting relaxed rule authorizing requiring affirmance death sentence long remains least one valid aggravating circumstance explained automatic rule affirmance weighing state invalid lockett ohio eddings oklahoma give defendants individualized treatment result actual reweighing mix mitigating factors aggravating circumstances cf barclay florida supra today adds clemons explanation reasoning sentencer weighing vague aggravating circumstance deprives defendant individualized sentencing creates possibility randomness ante says sentencer weighing vague aggravating circumstance may ske weighing process ante placing thumb death side scale ibid creat ing risk treat ing defendant deserving death penalty ante creat ing possibility bias favor death penalty ibid ii like godfrey stephens petitioner instant case sentenced death finding vague aggravating circumstance like stephens unlike godfrey sentenced basis one aggravating circumstance one challenged issue case whether reasonable believe sentencer weighing vague aggravating circumstance offend eighth amendment long sentencer found least one valid aggravating circumstance put differently question whether reasonable believe holding stephens apply weighing state majority answers questions negative saying reasonable jurist failed discover concern randomness cases failed realize sentencer weighing vague aggravating circumstance deprives defendant individualized sentencing think answer endues jurist prescience reasonableness true stephens reserved judgment question whether holding apply weighing state deciding case express opinion concerning possible significance holding particular aggravating circumstance invalid statutory scheme judge jury specifically instructed weigh statutory aggravating mitigating circumstances exercising discretion whether impose death penalty leap lengthens one considers barclay think reasonable jurist concluded resolved question reserved stephens decided barclay strongly implied stephens principle applied weighing like florida see opinion rehnquist stevens concurring judgment majority attempts minimize barclay saying barclay upheld sentence clear florida determined sentence sentencing judge given weight invalid factor ante citing opinion rehnquist think barclay explained away easily true plurality opinion noted florida performed harmless error review ibid opinion discussion point merely responded barclay argument florida failed apply state law precedent properly barclay maintained required review plurality rejected argument saying failure apply cases mere errors state law concern event florida contrary petitioner assertions performed harmless error review nothing plurality opinion suggests harmless error review constitutionally required sentencer weighed invalid aggravating circumstance also true concurring opinion justice stevens justice powell cast fifth vote barclay stated florida law required florida reweigh aggravating mitigating circumstances see stevens concurring judgment simply responded barclay argument florida failed perform quantum appellate review constitution requires every capital case regardless whether trial commits state law error see id justice stevens opinion merely noted held proffitt florida reweighing satisfied appellate review obligation constitution imposed justice stevens never said reweighing constitutionally required minimum sentencer weighed invalid aggravating circumstance although barclay may read assuming appellate test must passed death verdict stand weighing state despite finding invalid aggravating circumstance nowhere opinions state state mandated proportionality review satisfy required constitutional minimum see proffitt supra florida reviews death sentence ensure similar results reached similar cases mississippi law requires review see ante sum barclay jurist mindful stephens caveat reasonably assumed weighing one invalid aggravating circumstance along one valid ones need treated significant enough amount constitutional error state least provided appellate review proportionality dispositive teague reasonable reading barclay bars conclusion result cartwright clemons dictated cases books fifth circuit indeed held recently rule stephens applied weighing state see stringer jackson edwards scroggy conflict view tenth circuit see cartwright maynard en banc evidence unreasonable believe stephens govern result case see butler mckellar light analysis fifth circuit opinion dismissed arguable basis support view expressed ante iii sum think precedent dictated rule weighing vague aggravating circumstance necessarily violates eighth amendment even finding least one unobjectionable aggravating circumstance follows think reasonable believe neither reweighing harmless error review required situation footnotes mere fact aggravating circumstance inclines sentencer towards imposing death penalty course violate eighth amendment therefore read majority opinion object weighing vague aggravating circumstances skew operation scheme random application case case say vague majority see ante invalid might indeed invalid aggravating circumstances whose consideration even one valid ones tainted ensuing death sentence reasonable view thus unreasonable believe capital sentence stand without sentencer instructed say consider constitutionally protected behavior aggravation see barclay florida opinion rehnquist zant stephens apply proposition weighing nonweighing alike case valid aggravating circumstances remained need discuss respondents argument reasonable believe mississippi murder statute performed constitutionally required narrowing guilt phase petitioner trial cf lowenfield phelps announced cartwright fifth circuit distinguished case way mississippi distinguished cartwright clemons see stringer edwards