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 December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.