In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
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.