Gray v. Netherland (1995)

Docket
95-6510
Decided
1995-01-01

Summary

Question: Can a defendant sentenced to death argue in his habeas corpus petition that prosecutors deceived him, in violation of the Fourteenth Amendment Due Process Clause, by producing surprise evidence in the sentencing phase of the trial? Conclusion: No. In a 5-4 decision, announced by Chief Justice William H. Rehnquist, the Court ruled that the notice-of-evidence claim would require the adoption of a new constitutional rule and therefore could not be raised in a habeas petition. In her dissent, Justice Ruth Bader maintained that due process allows Gray the right to a "full, fair, potentially effective opportunity to defend against the State's charges." Gary was not given that right.

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