netherland
warden
et
argued
march
decided
june
held
simmons
rule
new
therefore
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petitioner
death
sentence
pp
teague
disturb
final
state
conviction
sentence
unless
said
time
conviction
sentence
became
final
state
acted
objectively
unreasonably
extending
relief
later
sought
federal
teague
requires
federal
habeas
determine
date
conviction
became
final
consider
whether
state
considering
defendant
claim
time
became
final
felt
compelled
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precedent
conclude
rule
seeks
required
constitution
determine
whether
new
rule
nonetheless
falls
within
one
two
narrow
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teague
doctrine
lambrix
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pp
petitioner
conviction
became
final
simmons
decided
simmons
unlikely
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array
views
expressed
suggests
rule
announced
light
precedent
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debate
among
reasonable
minds
butler
mckellar
assessment
legal
landscape
existing
time
petitioner
conviction
sentence
became
final
bolsters
conclusion
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position
result
simmons
follow
ineluctably
decisions
gardner
florida
skipper
south
carolina
seven
opinions
gardner
produced
narrow
holding
death
penalty
procedure
permitting
consideration
secret
information
relevant
offender
character
record
presentence
report
provided
defendant
violates
eighth
amendment
petitioner
points
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evidence
case
evidence
sought
present
jury
historical
evidence
character
record
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concerning
might
happen
extant
law
sentence
imposed
skipper
evidence
past
behavior
defendant
unconstitutionally
prevented
adducing
distinction
information
concerning
state
postsentencing
law
evidence
specifically
related
defendant
also
heart
two
cases
complex
legal
landscape
california
ramos
concluded
california
reasonably
chosen
provide
limited
postsentence
information
capital
sentencing
jury
namely
possibility
pardon
emphasized
conclusion
override
choices
permit
juries
informed
postsentencing
proceedings
including
parole
general
proposition
retained
prerogative
determine
much
juries
informed
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legal
regime
given
credence
caldwell
mississippi
determined
prosecution
judge
improperly
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death
sentence
final
extensively
reviewed
plurality
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ramos
notwithstanding
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juries
never
given
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proceedings
justice
concluding
information
accurate
provided
light
cases
hardly
unreasonable
jurist
conclude
state
acted
constitutionally
choosing
advise
jurors
events
follow
death
sentence
recommendation
accordingly
simmons
announced
new
rule
maynot
applied
unless
falls
within
teague
exception
pp
simmons
narrow
right
rebuttal
watershed
rule
criminal
procedure
implicating
fundamental
fairness
accuracy
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proceeding
second
exception
teague
gideon
wainwright
distinguished
pp
affirmed
thomas
delivered
opinion
rehnquist
scalia
kennedy
joined
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
wash
ington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
joseph
roger
iii
petitioner
netherland
warden
et
al
writ
certiorari
appeals
fourth
circuit
june
justice
thomas
delivered
opinion
case
presents
question
whether
rule
set
simmons
south
carolina
requires
capital
defendant
permitted
inform
sentencing
jury
parole
ineligible
prosecution
argues
presents
future
danger
new
within
meaning
teague
lane
thereby
inapplicable
already
final
death
sentence
conclude
new
therefore
used
disturb
petitioner
death
sentence
final
six
years
simmons
decided
helen
schartner
last
seen
alive
late
evening
february
leaving
county
line
lounge
virginia
beach
virginia
lifeless
body
discovered
next
day
muddy
field
across
highway
lounge
schartner
head
laid
open
several
blows
barrel
handgun
strangled
violence
bones
neck
broken
finger
imprints
left
skin
abundance
physical
evidence
linked
petitioner
crime
scene
crime
among
things
tire
tracks
near
schartner
body
wereconsistent
petitioner
car
bodily
fluids
recovered
schartner
body
matched
petitioner
indicted
counts
capital
murder
rape
sodomy
abduction
count
later
dismissed
jury
trial
petitioner
found
guilty
murder
rape
sodomy
counts
subsequent
sentencing
hearing
prosecution
sought
establish
two
aggravating
factors
petitioner
presented
future
danger
murder
wanton
vile
inhuman
evidence
presented
prior
schartner
murder
petitioner
convicted
host
offenses
including
kidnaping
assault
another
woman
parole
murder
fellow
inmate
earlier
prison
stint
petitioner
sought
jury
instruction
explaining
eligible
parole
sentenced
life
prison
trial
judge
denied
petitioner
request
sentencing
hearing
jury
found
beyond
reasonable
doubt
petitioner
constitute
continuous
serious
threat
society
conduct
committing
offense
outrageously
wanton
vile
inhuman
record
jury
recommended
petitioner
sentenced
death
trial
judge
adopted
jury
recommendation
sentenced
petitioner
years
imprisonment
rape
sodomy
convictions
death
electrocution
schartner
murder
petitioner
appealed
virginia
affirmed
conviction
sentence
commonwealth
denied
certiorari
virginia
petitioner
efforts
state
habeas
relief
unsuccessful
denied
certiorari
thompson
petitioner
filed
federal
habeas
claim
contended
inter
alia
newly
obtained
dna
evidence
established
actually
innocent
death
sentence
faulty
prevented
informing
jury
ineligibility
parole
district
rejected
petitioner
claim
innocence
thompson
civ
action
ed
app
agreed
petitioner
entitled
resentencing
intervening
decision
simmons
south
carolina
supra
district
described
simmons
holding
defendant
future
dangerousness
issue
state
law
prohibits
defendant
release
parole
due
process
clause
fourteenth
amendment
requires
sentencing
jury
informed
defendant
eligible
parole
app
concluded
simmons
rule
new
thus
available
petitioner
prosecutor
obviously
used
prior
releases
cross
examination
closing
argument
argue
defendant
presented
future
danger
society
app
citations
omitted
district
held
petitioner
entitled
resentenced
demonstrated
fact
ineligible
parole
divided
en
banc
appeals
fourth
circuit
reversed
exhaustive
review
precedents
appeals
majority
determined
simmons
paradigmatic
new
rule
aid
petitioner
fourth
circuit
closely
divided
whether
simmons
set
forth
new
rule
every
member
agreed
petitioner
claim
actual
innocence
even
colorable
see
also
ervin
concurring
part
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part
declined
review
petitioner
claim
actual
innocence
granted
certiorari
determine
whether
rule
simmons
new
see
also
ibid
scalia
respecting
grant
certiorari
state
prisoner
may
upset
state
conviction
sentence
federal
collateral
review
must
demonstrate
threshold
matter
made
rule
seeks
benefit
new
stated
variously
formula
determining
rule
new
see
graham
collins
holding
constitutes
new
rule
within
meaning
teague
breaks
new
ground
imposes
new
obligation
federal
government
dictated
precedent
existing
time
defendant
conviction
became
final
quoting
teague
emphasis
original
bottom
however
teague
doctrine
validates
reasonable
good
faith
interpretations
existing
precedents
made
state
courts
even
though
shown
contrary
later
decisions
butler
mckellar
citation
omitted
reasonableness
many
contexts
objective
standard
stringer
black
accordingly
disturb
final
state
conviction
sentence
unless
said
state
time
conviction
sentence
became
final
acted
objectively
unreasonably
extending
relief
later
sought
federal
teague
inquiry
conducted
three
steps
first
date
defendant
conviction
became
final
determined
lambrix
singletary
slip
next
habeas
considers
whether
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considering
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claim
time
conviction
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compelled
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doctrine
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rules
forbidding
criminal
punishment
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primary
conduct
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category
punishment
class
defendants
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lynaugh
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even
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application
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rules
criminal
procedure
implicating
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fairness
accuracy
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proceeding
graham
supra
quoting
teague
internal
quotation
marks
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scope
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meant
apply
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graham
supra
internal
quotation
marks
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conviction
became
final
october
declined
review
virginia
decision
affirming
sentence
direct
review
simmons
rule
petitioner
seeks
avail
decided
simmons
defendant
found
guilty
capital
murder
brutal
killing
elderly
woman
defendant
also
assaulted
elderly
women
resulting
convictions
rendered
least
time
sentenced
ineligible
forparole
prosecutors
south
carolina
permitted
argue
sentencing
juries
defendants
future
dangerousness
appropriate
consideration
determining
whether
affix
sentence
death
plurality
opinion
simmons
sought
rebut
prosecution
generalized
argument
future
dangerousness
presenting
jury
evidence
dangerousness
limited
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women
none
likely
encounter
prison
simmons
efforts
shore
argument
demonstrating
jury
south
carolina
law
ineligible
parole
rebuffed
trial
reversed
judgment
south
carolina
upholding
simmons
death
sentence
plurality
noted
prosecutor
future
dangerousness
argument
necessarily
undercut
fact
alternative
sentence
death
life
without
parole
plurality
relying
gardner
florida
skipper
south
carolina
concluded
ecause
truthful
information
parole
ineligibility
allows
defendant
deny
explain
showing
future
dangerousness
due
process
plainly
requires
allowed
bring
jury
attention
justice
joined
chief
justice
justice
kennedy
concurred
judgment
providing
dispositive
votes
necessary
sustain
concurrence
recognized
previously
noted
approval
state
courts
held
improper
jury
consider
informed
argument
instruction
possibility
commutation
pardon
parole
california
ramos
decision
whether
inform
jury
possibility
early
release
generally
left
petitioner
asserts
simmons
rule
covers
case
parole
ineligible
allowed
relay
information
jury
order
rebut
prosecutor
argument
future
dangerousness
simmons
requires
vacatur
sentence
decide
whether
petitioner
claim
falls
within
scope
simmons
must
determine
whether
rule
simmons
new
teague
purposes
whether
rule
falls
within
one
two
exceptions
teague
bar
observe
outset
simmons
unlikely
candidate
old
rule
status
noted
opinion
rather
justice
blackmun
plurality
opinion
four
members
concluded
due
process
clause
required
allowing
defendant
inform
jury
argument
instruction
parole
ineligibility
face
prosecution
future
dangerousness
argument
two
members
plurality
justice
souter
justice
stevens
held
eighth
amendment
mandated
trial
instruct
jury
capital
defendant
parole
ineligibility
even
future
dangerousness
issue
souter
concurring
justiceginsburg
also
member
plurality
wrote
concurrence
grounded
due
process
clause
chief
justice
justice
kennedy
joined
justice
decisive
opinion
concurring
judgment
described
two
justices
dissented
arguing
result
fit
precedents
case
required
constitution
opinion
scalia
joined
thomas
array
views
expressed
simmons
suggests
rule
announced
light
precedent
susceptible
debate
among
reasonable
minds
butler
cf
sawyer
smith
citing
evidence
caldwell
mississippi
announced
new
rule
views
three
caldwell
dissenters
assessment
legal
landscape
existing
time
petitioner
conviction
sentence
became
final
bolsters
conclusion
petitioner
review
relevant
precedent
discloses
decisions
relied
upon
simmons
namely
gardner
florida
supra
skipper
south
carolina
supra
petitioner
asserts
reasonable
jurist
considering
claim
light
two
decisions
felt
compelled
conclude
rule
petitioner
seeks
required
constitution
brief
petitioner
quoting
saffle
emphasis
omitted
gardner
defendant
received
death
sentence
judge
reviewed
presentence
report
made
available
defendant
gardner
produced
opinion
plurality
concluded
defendant
denied
due
process
law
death
sentence
imposed
least
part
basis
information
hadno
opportunity
deny
explain
justice
white
concurred
judgment
providing
narrowest
grounds
decision
among
justices
whose
votes
necessary
judgment
cf
marks
concluded
eighth
amendment
violated
procedure
selecting
people
death
penalty
permits
consideration
secret
information
relevant
character
record
individual
offender
internal
quotation
marks
omitted
emphasis
added
skipper
prosecutor
argued
penalty
phase
death
sentence
appropriate
defendant
pose
disciplinary
problems
sentenced
prison
likely
rape
prisoners
skipper
efforts
introduce
evidence
behaved
made
good
adjustment
jail
time
arrest
trial
rejected
trial
ibid
concluded
vidence
defendant
pose
danger
spared
incarcerated
must
considered
potentially
mitigating
eddings
oklahoma
evidence
may
excluded
sentencer
consideration
omitted
holding
grounded
eddings
eighth
amendment
also
cited
due
process
clause
stating
prosecution
specifically
relies
prediction
future
dangerousness
asking
death
penalty
due
process
required
defendant
sentenced
death
basis
information
opportunity
deny
explain
quoting
gardner
supra
simmons
argues
petitioner
presented
merely
variation
facts
skipper
prosecution
raised
issue
future
dangerousness
skipper
unconstitutionally
prevented
demonstratingthat
behaved
prison
thus
danger
fellow
prisoners
simmons
likewise
says
petitioner
allowed
inform
jury
rather
prison
present
danger
elderly
women
rule
simmons
allegedly
set
forth
decision
skipper
turn
relied
upon
decision
gardner
petitioner
argues
death
sentence
flawed
affirmed
may
set
aside
without
running
afoul
teague
even
two
cases
sum
total
relevant
precedent
bearing
rule
simmons
petitioner
argument
result
simmons
followed
ineluctably
compelling
gardner
produced
seven
opinions
none
majority
taking
view
expressed
justice
white
opinion
concurring
judgment
rule
gardner
see
marks
supra
holding
narrow
one
procedure
selecting
people
death
penalty
permits
consideration
secret
information
relevant
character
record
individual
offender
violates
eighth
amendment
requirement
reliability
determination
death
appropriate
citation
internal
quotation
marks
omitted
emphasis
added
petitioner
points
secret
evidence
given
sentencer
tohim
evidence
sought
present
jury
historical
evidence
character
record
evidence
concerning
operation
extant
legal
regime
skipper
evidence
defendant
unconstitutionally
prevented
adducing
evidence
past
behavior
step
ruling
defendant
must
permitted
present
evidence
sort
requirement
afforded
opportunity
describe
extant
legal
regime
cf
simmons
concurring
judgment
whatever
support
gardner
skipper
standing
alone
might
lend
petitioner
claim
simmons
foregone
conclusion
legal
landscape
far
complex
respondent
points
fourth
circuit
majority
relied
two
cases
decided
time
petitioner
conviction
became
final
bear
constitutionality
california
ramos
caldwell
mississippi
ramos
upheld
instruction
informed
jury
defendant
sentenced
life
prison
without
parole
nonetheless
rendered
parole
eligible
governor
elected
commute
sentence
concluded
instruction
neither
introduced
constitutionally
irrelevant
factor
sentencing
process
ramos
diverted
jury
attention
task
rendering
individualized
sentencing
determination
within
bounds
constitution
stated
defer
california
identification
governor
power
commute
life
sentence
substantive
factor
presented
sentencing
jury
consideration
emphasized
however
conclusion
taken
override
contrary
judgmentof
state
legislatures
capital
juries
learn
governor
commutation
power
ibid
many
state
courts
pointed
held
improper
jury
consider
informed
argument
instruction
possibility
commutation
pardon
parole
emphasis
added
see
also
ibid
citing
inter
alia
code
ann
describing
statute
prohibiting
argument
possibility
pardon
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clemency
emphasis
added
sit
judges
legislators
wisdom
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permit
juror
consideration
possible
commutation
best
left
dissenters
ramos
disputed
constitutionality
ever
informing
juries
governor
power
commute
death
sentence
see
opinion
marshall
joined
brennan
blackmun
jj
see
also
asserting
consideration
capital
sentencing
jury
defendant
prospects
commutation
parole
unconstitutional
general
proposition
retained
prerogative
determine
much
juries
informed
postsentencing
legal
regime
given
credence
caldwell
mississippi
supra
case
prosecution
judge
concluded
improperly
left
jury
impression
death
sentence
final
extensively
reviewed
justice
marshall
authored
opinion
except
one
portion
portion
justice
marshall
writing
plurality
concluded
ramos
notwithstanding
sentencing
juries
given
information
postsentencing
appellate
proceedings
justice
provided
fifth
vote
necessary
judgment
join
portion
justice
marshall
opinion
wrote
separately
stating
ramos
state
choose
whether
instruc
jurors
sentencing
procedure
including
existence
limited
nature
appellate
review
long
information
chose
provide
accurate
concurring
part
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judgment
light
ramos
caldwell
think
plain
reasonable
jurist
felt
compelled
adopt
rule
later
set
simmons
noted
neither
gardner
skipper
involved
prohibition
imparting
information
concerning
might
happen
extant
law
sentence
imposed
rather
information
issue
case
information
pertaining
defendant
character
record
although
principal
opinions
simmons
found
skipper
turn
relied
gardner
persuasive
justice
distinguished
skipper
facts
presented
simmons
ground
see
opinion
concurring
judgment
suggesting
rule
announced
simmons
inevitable
see
also
scalia
dissenting
distinction
information
concerning
state
postsentencing
law
one
hand
evidence
specifically
related
defendant
also
heart
ramos
caldwell
ramos
majority
concluded
california
reasonably
chosen
provide
limited
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information
capital
sentencing
jury
though
noted
many
elected
opposite
principal
dissent
ramos
forbidden
provision
information
postsentence
occurrences
reason
constitute
evidence
concerning
defendant
character
nature
crime
opinion
marshall
caldwell
plurality
contested
whether
fact
appellate
review
available
capital
defendant
sentenced
death
simply
factor
wholly
irrelevant
determination
appropriate
sentence
plurality
concluded
whether
provision
information
constitutional
policy
choice
favor
jury
education
justice
concluded
opinion
concurring
part
concurring
judgment
reasonable
jurist
drawn
distinction
information
defendant
information
concerning
extant
legal
regime
hardly
unreasonable
light
ramos
caldwell
jurist
conclude
state
acted
constitutionally
choosing
advise
jurors
events
follow
recommendation
death
sentence
provided
legal
regime
moment
indeed
given
sentiments
expressed
justice
marshall
ramos
dissent
caldwell
plurality
information
postsentence
procedures
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go
jury
given
decision
whether
provide
information
described
ramos
majority
opinion
justice
concurrence
caldwell
policy
choice
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