O'Dell v. Netherland, 521 U.S. 151, 3 (1997)

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Cite as: 521 U. S. 151 (1997)

Opinion of the Court

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O’Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 168.

Robert S. Smith, by appointment of the Court, 520 U. S. 1114, argued the cause for petitioner. With him on the briefs were Alan Effron and Michele J. Brace.

Katherine P. Baldwin, Assistant Attorney General of Virginia, argued the cause for respondents. With her on the brief were James S. Gilmore III, Attorney General, and David E. Anderson, Chief Deputy Attorney General.

Justice Thomas delivered the opinion of the Court. This case presents the question whether the rule set out in Simmons v. South Carolina, 512 U. S. 154 (1994)—which requires that a capital defendant be permitted to inform his sentencing jury that he is parole ineligible if the prosecution argues that he presents a future danger—was "new" within the meaning of Teague v. Lane, 489 U. S. 288 (1989), and thereby inapplicable to an already final death sentence. We conclude that it was new, and that it cannot, therefore, be used to disturb petitioner's death sentence, which had been final for six years when Simmons was decided.

I

Helen Schartner was last seen alive late in the evening of February 5, 1985, leaving the County Line Lounge in Virginia Beach, Virginia. Her lifeless body was discovered the next day, in a muddy field across a highway from the lounge. Schartner's head had been laid open by several blows with the barrel of a handgun, and she had been strangled with such violence that bones in her neck were broken and finger imprints were left on her skin. An abundance of physical evidence linked petitioner to the crime scene and crime— among other things, tire tracks near Schartner's body were consistent with petitioner's car, and bodily fluids recovered

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