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GRAY v. NETHERLAND

No. 95-6510.

518 U.S. 152 (1996)

GRAY v. NETHERLAND, WARDEN

United States Supreme Court.

Decided June 20, 1996.

Attorney(s) appearing for the Case

Mark Evan Olive, by appointment of the Court, 516 U.S. 1170, argued the cause for petitioner. With him on the briefs were Donald R. Lee, Jr., Paul G. Turner, and John H. Blume.

John H. McLees, Jr., Assistant Attorney General of Virginia, argued the cause for respondent. With him on the brief were James S. Gilmore III, Attorney General, and David E. Anderson, Chief Deputy Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, p. 171. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 171.

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner, convicted of capital murder, complains that his right to due process of law under the Fourteenth Amendment was violated because he was not given adequate notice of some of the evidence the Commonwealth intended to use against him at the penalty hearing of his trial. We hold that this claim would necessitate a "new rule," and that therefore it does not...

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