David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al.
(1) When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed punishment will cause greater pain and suffering, does the Ex Post Facto Clause require the inmate to also show the later-imposed punishment is "sure or very likely' less humane?"
(2) Is a waiver of Eighth Amendment rights invalid when induced by a State's threat to impose a harsher punishment than allowed at the time of the crime?
When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed punishment will cause greater pain and suffering, does the Ex Post Facto Clause require the inmate to also show the later-imposed punishment is 'sure or very likely' less humane?