Issue: (1) Whether the Ninth Circuit contravened 28 U.S.C.
§ 2254(d)(1) when it granted habeas relief even though
there is no clearly established Supreme Court
precedent which holds that in respondent’s case the
state violated the Sixth Amendment; and (2) whether the Ninth Circuit improperly
disregarded its obligation under Fry v. Pliler and
Brecht v. Abrahamson to review the state court
decision for harmless error when it applied a Ninth
Circuit direct-review standard to determine that it
would not reach the issue of harmless error because the
state had waived it.
On Monday the Court issued orders from the April 24 Conference, which Lyle reported on. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.