180
Ginsburg, J., dissenting
local Commonwealth's Attorney "to determine whether it was appropriate to prosecute Timothy Sorrell." Ibid.9
Assessing the prejudicial potency of the Sorrell murders evidence admitted at the penalty phase of Gray's trial, the District Court concluded that the due process violation was not harmless. Id., at 353. The District Court therefore vacated Gray's death sentence, and remanded the case to the state trial court for resentencing.
The Court of Appeals for the Fourth Circuit reversed. Gray v. Thompson, 58 F. 3d 59 (1995). It held that federal habeas relief was barred because Gray's due process claim depended on a "new rule" of constitutional law which, under Teague v. Lane, 489 U. S. 288 (1989), could not be applied on collateral review. The Court of Appeals accordingly remanded the case, directing the District Court to dismiss Gray's habeas petition.
II
A case announces a "new rule" under Teague "if the result was not dictated by precedent existing at the time the defendant's conviction became final." Id., at 301 (plurality opinion). Gray's conviction became final in 1987, when we denied certiorari to review the Virginia Supreme Court's decision on direct appeal. See Gray v. Virginia, 484 U. S. 873 (1987). As explained below, precedent decided well before 1987 "dictates" the conclusion that Gray was not accorded due process at the penalty phase of his trial.
Gray's claim is encompassing, but it is fundamental. Under the Due Process Clause, he contends, a capital defendant must be afforded a meaningful opportunity to explain or deny the evidence introduced against him at sentencing. See Brief for Petitioner 45; Reply Brief for Petitioner 5.
that the claim had not been raised in state court, and therefore held it procedurally barred. 1 J. A. 194.
9 After Gray's trial, the local prosecutor reportedly stated in an affidavit that Mr. Sorrell was no longer a suspect. See 2 id., at 927 (news report in The Virginian-Pilot, Jan. 7, 1986, p. D1).
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