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 -- we would not expect orders granting certiorari today.
Issue: (1) Whether, when the state court failed to consider the cumulative prejudicial effect of many, related inadequacies of trial counsel because it unreasonably concluded that one of counsel’s failures did not constitute deficient performance, the federal habeas court should review the prejudice prong of the petitioner’s claim de novo, and without being limited to the state habeas record; and (2) whether the court of appeals’ sua sponte affirmance on the basis of a non-jurisdictional and curable pleading deficiency that was waived by the state is consistent with Wood v. Milyard .