Issue: Whether, as a matter of either due process or the Eighth Amendment right to present evidence in mitigation, the defendant in a capital case is entitled to oppose a death sentence by introducing evidence that he will pose a low risk of violence in the prison setting.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.