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Schiro Vs. Farley
Cites for this judgment
- US Supreme Court
- Jan 19, 1994
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U.S. 222 (1994) October Term, 1993 Syllabus Schiro V. FarleySearch
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to Schiro would require the retroactive application of a new rule, in violation of the principle announced in Teague v. LaneSearch
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decisions. Because a second sentencing proceeding following retrial ordinarily is constitutional, see, e. g., Stroud v. UnitedSearch
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a certain sense, relitigate in a sentencing proceeding conduct for which he was previously tried. See, e. g., Spencer v. TexasSearch
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prosecutions, the Clause is written in terms of potential or risk of trial and conviction, not punishment. Bullington v. MissouriSearch
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the doctrine, namely, that an issue of ultimate fact has once been determined in his favor. See, e. g., Ashe v. SwensonSearch
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of death. Id., at 50. The sentence was affirmed on direct appeal to the Indiana Supreme Court. Schiro v. StateSearch
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N. E. 2d 1047 (1983). This Court denied certiorari. Schiro v. IndianaSearch
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relief in state court. Again, the Indiana Supreme Court affirmed the judgment of the trial court. Schiro v. StateSearch
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N. E. 2d 556 (1985). This Court again denied a petition for a writ of certiorari. Schiro v. IndianaSearch
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exhaustion of state remedies. The Indiana Supreme Court affirmed the conviction and sentence for a third time. Schiro v. StateSearch
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Id., at 1208. This Court denied certiorari. Schiro v. IndianaSearch
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U. S. 910 (1989). The Federal District Court then denied Schiro's federal habeas petition. Schiro v. ClarkSearch
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F. Supp. 646 (ND Ind. 1990). The Court of Appeals for the Seventh Circuit affirmed. Schiro v. ClarkSearch
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Teague analysis is ordinarily our first step when we review a federal habeas case. See, e. g., Graham v. CollinsSearch
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The Teague bar to the retroactive application of new rules is not, however, jurisdictional. Collins v. YoungbloodSearch
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In this case, the State did not raise the Teague argument in the lower courts. Cf. Parke v. RaleySearch
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While we ordinarily do not review claims made for the first time in this Court, see, e. g., Taylor v. FreelandSearch
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to rely on any 229 legal argument in support of the judgment below. See, e. g., Dandridge v. WilliamsSearch
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of being able to decide that issue. Since a State can waive the Teague bar by not raising it, see Godinez v. MoranSearch
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from the underlying premise that a defendant should not be twice tried or punished for the same offense. United States v. WilsonSearch
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DiFrancesco, supra, at 132 (internal citations omitted). See also United States v. MartinSearch
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inconsistent with the argument that a first sentencing proceeding can amount to a successive prosecution. In Stroud v. UnitedSearch
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the first sentence was improperly based on a prior conviction for which the defendant had been pardoned. Lockhart v. NelsonSearch
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U. S. 33 (1988). See also North Carolina v. PearceSearch
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sense, relitigate in a 231 sentencing proceeding conduct for which he was previously tried. Spencer v. TexasSearch
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U. S. 554 , 560 (1967). Cf. Moore v. MissouriSearch
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U. S. 323 , 329 (1970). Our decision in Bullington v. MissouriSearch
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extends not only to prosecution at the guilt phase, but also to present evidence at an ensuing sentencing proceeding. v. SchiroSearch
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also contends that principles of constitutional collateral estoppel require vacation of his death sentence. In Ashe v. SwensonSearch
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the Double Jeopardy Clause incorporates the doctrine of collateral estoppel in criminal proceedings. See also Dowling v. UnitedSearch
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Supreme Court concluded that the jury verdict did not amount to an acquittal on the intentional murder count. Schiro v. StateSearch
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d). Cf. also Cichos v. IndianaSearch
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effect of the jury's verdict, however, is a question of federal law which we must review de novo. Cf. Ashe v. SwensonSearch
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have in some circumstances considered jury silence as tantamount to an acquittal for double jeopardy purposes. Green v. UnitedSearch
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BLACKMUN, dissenting. I join JUSTICE STEVENS' dissenting OpInIOn. I write separately because I believe Bullington v. MissouriSearch
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Schiro v. StateSearch
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see, e. g., Gardner v. FloridaSearch
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Woodson v. NorthSearch
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see also Furman v. GeorgiaSearch
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