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O'DELL v. NETHERLAND

No. 96-6867.

521 U.S. 151 (1997)

117 S.Ct. 1969

138 L.Ed.2d 351

O'DELL v. NETHERLAND, WARDEN, et al.

Supreme Court of United States.

Decided June 19, 1997.

Attorney(s) appearing for the Case

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.

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, p. 168.

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...

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