Cite as: 503 U. S. 222 (1992)
Opinion of the Court
either Maynard v. Cartwright, 486 U. S. 356 (1988), or Clemons v. Mississippi, 494 U. S. 738 (1990). The petitioner argues that the State of Mississippi committed the same error in his case as it did in Clemons, and that under both Maynard and Clemons his sentence is unconstitutional. The question presented is whether in a federal habeas corpus proceeding a petitioner is foreclosed from relying on Maynard and Clemons because either or both announced a new rule as defined in Teague v. Lane, 489 U. S. 288 (1989).
I
In June 1982, Ray McWilliams and his wife, Nell, were shot to death in their Jackson, Mississippi, home as part of an armed robbery. The petitioner James R. Stringer did not fire the fatal shots, but he did plan the robbery and take part in it. The killing was part of his plan from the outset. The crimes, and their gruesome aspects, are described in the opinion of the Mississippi Supreme Court on direct review of the conviction and sentence. Stringer v. State, 454 So. 2d 468, 471-473 (1984).
Under Mississippi law the death sentence may be imposed for murders designated by statute as "capital murder." Miss. Code Ann. § 97-3-19(2) (Supp. 1991). A killing in the course of a burglary or robbery is included within that category. Following a capital murder conviction, the jury in the Mississippi system proceeds to the sentencing phase of the case. For a defendant who has been convicted of capital murder to receive the death sentence, the jury must find at least one of eight statutory aggravating factors, and then it must determine that the aggravating factor or factors are not outweighed by the mitigating circumstances, if any. § 99-19-101.
The jury found petitioner guilty of capital murder in the course of a robbery. In the sentencing phase the jury found that there were three statutory aggravating factors. The
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