Marlon Deon Harmon v. Tommy Sharp, Warden
DueProcess Punishment HabeasCorpus
Should this Court provide uniform guidance to federal courts in their analyses under Brecht v. Abrahamson when the harm caused in the admission of an unconstitutionally obtained confession need only substantially and injuriously impact a single juror's critical death penalty verdict?
Can a habeas court properly consider the record as a "whole" as required by Brecht v. Abrahamson if it fails to assess the mitigating evidence that was presented, did not consider evidence that should have been presented had defendant received effective assistance of counsel, and did not consider evidence the prosecutor failed to disclosed in violation of Brady v. Maryland?
Should federal courts provide uniform guidance in analyzing harm from unconstitutionally obtained confessions in death penalty cases?