1. Does the requirement in Lujan v. Defs. of Wildlife , 504 U.S. 555, 560 (1992), that a litigant have suffered an "actual or imminent" injury apply to a motion filed by a defendant in a criminal case? If so, where the state has given notice of its intent to seek the death penalty, is the prospect of a death penalty sentencing trial a sufficiently concrete injury that the defendant's contention that he is categorically ineligible for the death penalty under the Eighth Amendment a justiciable claim that can be decided prior to trial?

2. Does procedural due process, and the related principles of party presentation, permit a state court to deny review of a federal constitutional claim based on a jurisdictional principle which did not exist at the time of briefing, which was not raised by the parties, and which the Court did not seek briefing or argument on?

Does the requirement in Lujan v. Defs. of Wildlife apply to a motion filed by a defendant in a criminal case?