Issue: Whether a federal court conducting
habeas corpus review may reject a state
supreme court's summary merits
adjudication of a claim as objectively
unreasonable under 28 U.S.C. § 2254(d),
not by considering whether a fairminded
jurist might have denied relief based on
the record submitted to the state supreme
court, but instead by imputing to the
state supreme court asserted flaws in the
reasoning expressed in an earlier decision
on the claim made by a lower court based
on different evidence.
On Monday the Court issued orders from its April 17 Conference, which Lyle reported on. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday. This is the first week of the April sitting.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.