Schiro v. Farley, 510 U.S. 222, 7 (1994)

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Opinion of the Court

chose not to consider." Id., at 1208. This Court denied certiorari. Schiro v. Indiana, 493 U. S. 910 (1989).

The Federal District Court then denied Schiro's federal habeas petition. Schiro v. Clark, 754 F. Supp. 646 (ND Ind. 1990). The Court of Appeals for the Seventh Circuit affirmed. Schiro v. Clark, 963 F. 2d 962 (1992). The Court of Appeals accepted the Indiana Supreme Court's conclusion that the jury's verdict was not an acquittal on the Count I murder charge, and that the Double Jeopardy Clause was not violated by the use of the intentional murder aggravating circumstance. The Court of Appeals also concluded that collateral estoppel was not implicated since "the defendant must show that the jury's verdict actually and necessarily determined the issue he seeks to foreclose" and "Schiro's conviction for murder/rape did not act as an acquittal with respect to the pure murder charge as a matter of state law." Id., at 970, n. 7.

We granted certiorari, 508 U. S. 905 (1993), to consider whether the trial court violated the Double Jeopardy Clause by relying on the intentional murder aggravating circumstance.


The State argues that granting relief to Schiro would require the retroactive application of a new rule, in violation of the principle announced in Teague v. Lane, 489 U. S. 288 (1989) (plurality opinion). Teague analysis is ordinarily our first step when we review a federal habeas case. See, e. g., Graham v. Collins, 506 U. S. 461, 466-467 (1993). The Teague bar to the retroactive application of new rules is not, however, jurisdictional. Collins v. Youngblood, 497 U. S. 37, 40-41 (1990). In this case, the State did not raise the Teague argument in the lower courts. Cf. Parke v. Raley, 506 U. S. 20, 26 (1993). While we ordinarily do not review claims made for the first time in this Court, see, e. g., Taylor v. Freeland & Kronz, 503 U. S. 638, 645-646 (1992), we recognize that the State, as respondent, is entitled to rely on any

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