Cite as: 527 U. S. 263 (1999)
Opinion of the Court
of that testimony, therefore, petitioner cannot show prejudice sufficient to excuse his procedural default. Pp. 289-296.
149 F. 3d 1170, affirmed.
Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Ginsburg, and Breyer, JJ., joined in full, in which Kennedy and Souter, JJ., joined as to Part III, and in which Thomas, J., joined as to Parts I and IV. Souter, J., filed an opinion concurring in part and dissenting in part, in which Kennedy, J., joined as to Part II, post, p. 296.
Miguel A. Estrada argued the cause for petitioner. With him on the briefs were Barbara L. Hartung, Mark E. Olive, and John H. Blume.
Pamela A. Rumpz, Assistant Attorney General of Virginia, argued the cause for respondent. With her on the brief was Mark L. Earley, Attorney General.*
Justice Stevens delivered the opinion of the Court.† The District Court for the Eastern District of Virginia granted petitioner's application for a writ of habeas corpus and vacated his capital murder conviction and death sentence on the grounds that the Commonwealth had failed to disclose important exculpatory evidence and that petitioner had not, in consequence, received a fair trial. The Court of Appeals for the Fourth Circuit reversed because petitioner had not raised his constitutional claim at his trial or in state collateral proceedings. In addition, the Fourth Circuit concluded that petitioner's claim was, "in any event, without merit." App. 418, n. 8.1 Finding the legal question presented by this
*Gerald T. Zerkin filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging reversal.
Kent S. Scheidegger filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging affirmance.
†Justice Thomas joins Parts I and IV of this opinion. Justice Kennedy joins Part III.
1 The opinion of the Court of Appeals is unreported. The judgment order is reported, Strickler v. Pruett, 149 F. 3d 1170 (CA4 1998). The opinion of the District Court is also unreported.
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