in capital sentencing). 16 . See United States v. Higgs, 353 F.3d 281, 324 (4th Cir.2003) (stating that under plain error standard of review "[i]t is far from clear that the Confrontation Clause applies to a capital sentencing proceeding”) (citing United States v. Terry, 916 F.2d 157, 160-61 (4th Cir.1990), for the proposition that "United States courts have a long history of using reliable hearsay for sentencing” and a "trial court may properly consider uncorroborated hearsay evidence that the defendant has had an opportunity to rebut or explain”). 17 . See Mempa v. Rhay, 389 U.S. 128, 134, 137, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967) (stating that the right is applicable at sentencing in general); Strickland v. Washington, 466 U.S. 668, 686-87, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (<HOLDING>). 18 . See Apprendi v. New Jersey, 530 U.S.
holding that the right to crossexamine adverse witnesses applies to capital sentencing hearings holding that apprendi does not apply to capital sentencing schemes holding that the right applies at capital sentencing in particular holding teague applies to capital cases holding no right to counsel for capital defendants in state habeas proceedings