holding that the defendant could not “make an arguable constitutional claim” based upon the trial court’s failure to strike for cause a venireperson who “stated in voir dire that he would consider evidence of intoxication as a mitigating circumstance, but did not believe that that factor was entitled to receive much weight”
How later courts described this case
- holding that the defendant could not “make an arguable constitutional claim” based upon the trial court’s failure to strike for cause a venireperson who “stated in voir dire that he would consider evidence of intoxication as a mitigating circumstance, but did not believe that that factor was entitled to receive much weight”
- holding without analysis that Teague bars retroactive application
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING
Jan. 21, 1992.
PER CURIAM:
The petition for rehearing is correct in its characterization of the effect of 28 U.S.C. § 1746 . It is in all other respects factually incorrect. The Gamino claim was not properly presented to the district court; the state was not able to address the claim in its answer to the district court; it was not referred to or specifically addressed by the district court; and it was not presented at all to the state courts. The state has not waived exhaustion or any of the petitioner’s other defaults in presenting the claim. The petition for rehearing is DENIED.