Issue: (1) Whether, when counsel error causes the lapse of plea agreement more favorable to a criminal defendant than the outcome of the subsequent disposition, constitutional prejudice can be shown if the later disposition was nonetheless fitting in light of the defendant's crime and criminal background; and (2) whether, if constitutional prejudice can be shown by the loss of a more favorable plea agreement even if the ultimate decision was commensurate with the defendant's crime and background, the state's interest in punishment that fits the defendant's crime and character is a competing interest that should be taken into account in determining a remedy, pursuant to United States v. Morrison.
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.