Cite as: 505 U. S. 277 (1992)
Kennedy, J., concurring in judgment
the evidence, so of course there will be variations from case to case. Where the beginning point is a rule of this general application, a rule designed for the specific purpose of evaluating a myriad of factual contexts, it will be the infrequent case that yields a result so novel that it forges a new rule, one not dictated by precedent.
Although as a general matter "new rules will not be applied or announced" in habeas proceedings, Penry, 492 U. S., at 313, there is no requirement that we engage in the threshold Teague inquiry in a case in which it is clear that the prisoner would not be entitled to the relief he seeks even if his case were pending on direct review. See Collins v. Youngblood, 497 U. S. 37 (1990). Therefore, it is not necessary to the resolution of this case to consider the oddity that reversing respondent's conviction because of the quite fact-specific determination that there was insufficient evidence would have the arguable effect of undercutting the well-established general principle in Virginia and elsewhere that the trier of fact may infer theft from unexplained or falsely denied possession of recently stolen goods. Whether a holding that there was insufficient evidence would constitute one of those unusual cases in which an application of Jackson would create a new rule need not be addressed.
On these premises, the existence of Teague provides added justification for retaining de novo review, not a reason to abandon it. Teague gives substantial assurance that habeas proceedings will not use a new rule to upset a state conviction that conformed to rules then existing. With this safeguard in place, recognizing the importance of finality, de novo review can be exercised within its proper sphere.
For the foregoing reasons, I would not interpret Teague as calling into question the settled principle that mixed questions are subject to plenary review on federal habeas corpus. And, for the reasons I have mentioned, I do not think it necessary to consider whether the respondent brings one of those unusual Jackson claims which is Teague-barred.
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