Unfortunately, Dillbeck is correct that the Court hasn't ruled on unanimity under the Eighth Amendment. Also unfortunately, it is very unlikely the USSC takes up this claim at this stage. Also, wasn't Spaziano overturned by Hurst v. Florida?
FSC reads Hurst as only overturning the 6th Amendment part of Spaziano and took the position that there is still no 8th Amendment claim because of Spaziano. (And Spaziano does have a red flag in Westlaw.)
Unfortunately, Dillbeck is correct that the Court hasn't ruled on unanimity under the Eighth Amendment. Also unfortunately, it is very unlikely the USSC takes up this claim at this stage. Also, wasn't Spaziano overturned by Hurst v. Florida?
FSC reads Hurst as only overturning the 6th Amendment part of Spaziano and took the position that there is still no 8th Amendment claim because of Spaziano. (And Spaziano does have a red flag in Westlaw.)
That's what I'm remembering... the Eighth Amendment has been completely lost and distorted in Hurst discussions.