Weeks v. Angelone, 528 U.S. 225, 13 (2000)

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Cite as: 528 U. S. 225 (2000)

Stevens, J., dissenting

motion to set aside the sentence after the verdict of death was received, and did not even mention this incident in his motion. And the low priority and space which his counsel assigned to the point on his appeal to the Supreme Court of Virginia suggests that the present emphasis has some of the earmarks of an afterthought.

Because petitioner seeks a federal writ of habeas corpus from a state sentence, we must determine whether 28 U. S. C. § 2254(d) (1994 ed., Supp. III) precludes such relief. The Court of Appeals below held that it did. 176 F. 3d, at 261. We agree. Section 2254(d) prohibits federal habeas relief on any claim "adjudicated on the merits in State court proceedings," unless that adjudication resulted in a decision that was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U. S. C. §§ 2254(d) and (1) (1994 ed., Supp. III). For the reasons stated above, it follows a fortiori that the adjudication of the Supreme Court of Virginia affirming petitioner's conviction and sentence neither was "contrary to," nor involved an "unreasonable application of," any of our decisions.

The judgment of the Court of Appeals is

Affirmed.

Justice Stevens, with whom Justice Ginsburg and Justice Breyer join, and with whom Justice Souter joins with respect to all but Part I, dissenting.

Congress has directed us to apply "clearly established Federal law" in the exercise of our habeas corpus jurisdiction.1 The clearly established rule that should govern the disposition of this case also emphasizes the importance of

1 The habeas statute, as amended in 1996, authorizes the issuance of the writ if a state-court decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U. S. C. § 2254(d)(1) (1994 ed., Supp. III).

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