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Gray Vs. Netherland
Cites for this judgment
- US Supreme Court
- Jun 20, 1996
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of individual testimony that the Commonwealth planned to introduce at sentencing, and that the claim made under Brady v. MarylandSearch
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habeas relief would give petitioner the benefit of a new rule of federal constitutional law, in violation of Teague v. LaneSearch
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habeas review of the defaulted claim, unless petitioner can demonstrate cause and prejudice for the default. Teague v. LaneSearch
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federal constitutional guarantee, as well as a statement of the facts entitling a petitioner to relief. Picard v. ConnorSearch
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of such a claim to a state court. Anderson v. HarlessSearch
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U. S. 4 . Gardner v. FloridaSearch
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on which petitioner relies for his notice-of-evidence claim-and In re Ruffalo, 390 U. S. 544 , Raley v. OhioSearch
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U. S. 423 , and Mooney v. HolohanSearch
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use to prove the charges, and Brady, which addressed only exculpatory evidence, did not create one. Weatherford v. BurseySearch
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U. S. 545 , 559. Gardner v. FloridaSearch
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evidence is not the sole remedy for a violation of such a right, since a continuance could minimize prejudice. Taylor v. IllinoisSearch
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the importance of petitioner's proposed rule, it has none of the primacy and centrality of the rule adopted in Gideon v. WainwrightSearch
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U. S. 335 , or other rules which may be thought to be within the exception. Saffle v. ParksSearch
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him. Petitioner and Tucker took McClelland's wallet and threatened to harm his family if he did not cooperate. Gray v. ComSearch
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Id., at 724 (citing Watkins v. CommonwealthSearch
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him to death. The Virginia Supreme Court affirmed, 233 Va. 313, 356 S. E. 2d 157, and we denied certiorari, Gray v. VirginiaSearch
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for a writ of habeas corpus. The Virginia Supreme Court affirmed the dismissal, and we denied certiorari. Gray v. ThompsonSearch
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in a food freezer while robbing the restaurant, and threatened the lives of two persons other than McClelland. Gray v. CommonwealthSearch
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and the third, relying on Brady v. MarylandSearch
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App. 348. Citing Gardner v. FloridaSearch
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habeas relief would give him the benefit of a new rule of federal constitutional law, in violation of Teague v. LaneSearch
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the dismissal of several other claims, and remanded with directions that the habeas corpus petition be dismissed. Gray v. ThompsonSearch
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review of the defaulted claim, unless the petitioner can demonstrate cause and prejudice for the default. Teague v. LaneSearch
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violated due process by misleading petitioner about the evidence it intended to use at sentencing. In Picard v. ConnorSearch
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of such a claim to a state court. In Anderson v. HarlessSearch
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that the prosecutor prove all the elements of the crime beyond a reasonable doubt. Id., at 7 (citing Sandstrom v. MontanaSearch
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of due process. Ibid. Relying on cases like Gardner v. FloridaSearch
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U. S. 349 (1977), and Skipper v. SouthSearch
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Brief for Petitioner 34. Petitioner cites In re Ruffalo, 390 U. S. 544 (1968), Raley v. OhioSearch
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U. S. 423 (1959), and Mooney v. HolohanSearch
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that a state immunity statute rendered the Fifth Amendment privilege unavailable. 360 U. S., at 430-434. And in Mooney v. HolohanSearch
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was not raised or addressed in federal proceedings, below, our usual practice would be to decline to review it. Yee v. EscondidoSearch
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obligated to raise procedural default as a defense, or lose the right to assert the defense thereafter. See Jenkins v. AndersonSearch
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see also Schiro v. FarleySearch
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Gray v. ThompsonSearch
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Ward ius v. OregonSearch
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U. S. 470 , 474 (1973). In Weatherford v. BurseySearch
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import, in fact, is strongly against the validity of petitioner's claim. Petitioner relies principally on Gardner v. FloridaSearch
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