Gray v. Netherland, 518 U.S. 152, 2 (1996)

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Cite as: 518 U. S. 152 (1996)

Syllabus

and sentence, and thus prevents federal habeas review of the defaulted claim, unless petitioner can demonstrate cause and prejudice for the default. Teague v. Lane, supra, at 298. Because he has made no such demonstration, his claim is not cognizable in a federal suit for the writ. Pp. 161-162. 2. The misrepresentation claim raised by petitioner in his brief here is remanded for the Court of Appeals to determine whether he in fact raised that issue below. Pp. 162-166. (a) In his brief, petitioner relies on two separate due process challenges to the manner in which the prosecution introduced evidence about the Sorrell murders: a notice-of-evidence claim alleging that the Commonwealth failed to give adequate notice of the evidence it would use, and a misrepresentation claim alleging that the Commonwealth misled him about the evidence it intended to present. For purposes of exhausting state remedies, a habeas claim must include reference to a specific federal constitutional guarantee, as well as a statement of the facts entitling a petitioner to relief. Picard v. Connor, 404 U. S. 270. A petitioner does not satisfy the exhaustion requirement by presenting the state courts only with the facts necessary to state a claim for relief. Nor is it enough to make a general appeal to a constitutional guarantee as broad as due process to present the "substance" of such a claim to a state court. Anderson v. Harless, 459 U. S. 4. Gardner v. Florida, 430 U. S. 349—on which petitioner relies for his notice-of-evidence claim—and In re Ruffalo, 390 U. S. 544, Raley v. Ohio, 360 U. S. 423, and Mooney v. Holohan, 294 U. S. 103—on which he relies for his misrepresentation claim—arise in widely differing contexts. The two claims are separate. Pp. 162-165. (b) If petitioner never raised the misrepresentation issue in state proceedings, federal habeas review would be barred unless he could demonstrate cause and prejudice for his failure to raise the claim in state proceedings. However, if it was addressed in the federal proceedings, the Commonwealth would have been obligated to raise procedural default as a defense or lose the right to assert the defense thereafter. If the Court of Appeals determines that the issue was raised, it should consider whether the Commonwealth has preserved any defenses and proceed to consider the claim and preserved defenses as appropriate. Pp. 165-166. 3. Petitioner's notice-of-evidence claim would require the adoption of a new constitutional rule. Pp. 166-170. (a) Petitioner contends that he was deprived of adequate notice when he received only one day's notice of the additional evidence, but, rather than seeking a continuance, he sought to have all such evidence excluded. For him to prevail, he must establish that due process re-

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