Gray v. Netherland
Supreme Court of the United States
1Opinion of the CourtChief Justice Rehnquist
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 provide a basis on which he may seek federal habeas relief.
I
A
Richard McClelland was the manager of a department store, Murphy’s Mart, in Portsmouth, Virginia. On May 2, 1985, at approximately 9:30 p.m., petitioner and Melvin Tucker,…
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