138.590(3) (1987); Pa. Rule Crim. Rules Crim. 15A-1421 (1988), 7A-451(a)(2) (Supp. Get 1 point on adding a valid citation to this judgment. What should our New Year’s resolution be? (1952) (dissenting opinion) ("Even though a person be the immediate occasion of another's death, he is not a deodand to be forfeited like a thing in the medieval law"), and Justice Reed in Andres, supra, at 752 (opinion of the Court) ("In death cases doubts such as those presented here should be resolved in favor of the accused"). Post, at 30. See 847 F.2d, at 1120, n. 4; Whitley v. Bair, 802 F.2d 1487 (CA4 1986), cert. Two Terms ago this Court reaffirmed that the Fourteenth Amendment to the Federal Constitution obligates a State "`to assure the indigent defendant an adequate opportunity to present his claims fairly in the context of the State's appellate process.'" 847 F.2d 1118 (1988). ABA Brief 4-5. Joseph M. Giarratano is a Virginia prisoner under a sentence of death. It therefore ordered Virginia to develop a program for the appointment of counsel, upon request, to indigent death row inmates wishing to pursue habeas corpus in state court. Proc. 22, 1089 (Supp. 28 ] E. g., Satterwhite v. Texas, U.S. 817 (1948), the Court held that a state court was not required to query a defendant in a noncapital case regarding his desire for counsel. Treating such matters as "factual findings," presumably subject only to review under the "clearly-erroneous" standard, would permit a different constitutional rule to apply in a different State if the district judge hearing that claim reached different conclusions. U.S. 68, 87 668 F. U.S. 1, 12] 668 F. Supp. . 469 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. [492 We therefore decline to read either the Eighth Amendment or the Due Process Clause to require yet another distinction between the rights of capital case defendants and those in noncapital cases. in either case it rests on a constitutional theory considered in Finley. 26 16, Nor may a defendant circumvent the state postconviction process by filing a federal habeas petition. Rule 3.1(b)(2). The parties before us, like the Court of Appeals en banc and the District Court below, have accorded controlling importance to our decision in Bounds v. Smith, Pennsylvania v. Finley, that all his substantial claims be presented fully and professionally in his first state collateral proceeding. 462 (1989) (holding procedurally barred claim, asserted by petitioner serving life term for murder, that jury was selected in a biased manner in violation of Swain v. Alabama, 447 See Slayton v. Parrigan, 215 Va. 27, 205 S. E. 2d 680 (1974), cert. Barefoot, -63, 65. U.S. 455 446 Post, at 30. MARSHALL, J., filed a dissenting opinion, in which STEVENS and O'CONNOR, JJ., joined, post, p. 487 U. S. 544. Rec. Similarly, the trend in most States to expand legal assistance for their death row inmates further 23 U.S., at 345 [ (1976) (plurality opinion); Proffitt v. Florida, Of the 37 States authorizing capital punishment, at least 18 automatically provide their indigent death row inmates counsel to help them initiate state collateral proceedings. U.S. 1, 29]. Smith." 481 [492 U.S., at 999 668 F. (1986), a case involving federal habeas corpus, this Court unequivocally rejected "the suggestion that the principles [governing procedural fault] of Wainwright v. Sykes[, 316 The complexity of our jurisprudence in this area, moreover, makes it unlikely that capital defendants will be able to file successful petitions for collateral relief without the assistance of persons learned in the law. Pub. U.S. 75, 85 ] Among those making this point before Furman were Justice Frankfurter in Andres v. United States, 9 33237 (1988) (providing for expedited consideration of proposals of the Judicial Conference committee). [ Don’t read 1,000 cases. 417 (1987); Caldwell v. Mississippi, "On the other hand," Justice Burton pointed out in the majority opinion, "this Court repeatedly has held that failure to appoint counsel to assist a defendant or to give a fair opportunity to the defendant's counsel to assist him in his defense where charged with a capital crime is a violation of due process of law under the Fourteenth Amendment."
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