Legal Opinion
O'Dell v. Netherland
Court of Appeals for the Fourth Circuit
Decided September 10, 1996No. Nos. 94-4013, 94-4014PublishedCited by 2 opinions
1Opinion of the Court
Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, WILKINS, NIEMEYER, and WILLIAMS joined. Judge ERVIN wrote an opinion concurring in part and dissenting in part, in which Judges HALL, MURNAGHAN, HAMILTON, MICHAEL, and MOTZ joined.
OPINION
LUTTIG, Circuit Judge:
The United States District Court for the Eastern District of Virginia vacated the death sentence of Joseph Roger O’Dell III on federal habeas, holding that Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), was not a “new rule” under Teague v. Lane, 489 U.S. 288, 109…
2Cases cited99 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Brady v. MarylandSupreme Court of the United States · 1963
- Anderson v. CreightonSupreme Court of the United States · 1987
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by2 opinions
- Bank of New York v. Federal Deposit InsuranceDistrict Court, District of Columbia · 2006
- Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of Virginia, Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1996