Warren v. Thomas, No. 17-4 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed the district court's dismissal of a habeas petition based on a claim under Simmons v. South Carolina, 512 U.S. 154 (1994). Under Simmons, a defendant is entitled to inform the jury when the alternative to a death sentence is life in prison without parole, but only if the prosecutor puts at issue the risk that he will be a danger to society if released from prison. The court held that the state court reasonably applied Simmons to petitioner's sentence when it held that the prosecutor in his case had not argued future dangerousness in support of the death penalty.