This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to GEN. RICHARD CORDRAY, petitioner (Warden) argues that because the case arises under the deferential standards of the AEDPA statute, respondent must show that the Ohio Supreme Court’s decision was contrary to Mills v. Maryland or unreasonably applied Strickland v. Washington.
According to Michael J. Benza, respondent (Spisak) contends that the Sixth Circuit found deficient performance of trial counsel in three primary areas, including the presentation of non‑statutory aggravating factors to support a death sentence.
If the Court were to find the alleged deficiency, the consequence would be that the court would impose some version of a life sentence.
Background and question before the Court
What each side argues
Petitioner (Warden)
According to GEN. RICHARD CORDRAY, because the case arises under the deferential standards of the AEDPA statute, the respondent must show that the Ohio Supreme Court’s decision was contrary to Mills v. Maryland or unreasonably applied Strickland v. Washington.
Respondent (Spisak)
According to Mr. Benza, aEDPA was designed so that when state courts are doing their jobs under the Constitution to protect defendants’ rights, they should receive the protections of AEDPA.
What happened at oral argument
The oral argument began at 11:06 a.m.
Justice Alito asked whether anyone had heard or read a defense summation more derogatory of the defendant than the one presented.
Justice Ginsburg asked whether any case had found ineffective assistance on the basis of a closing argument alone.
According to Justice Breyer, justice Breyer questioned why a certain procedural step would not be taken, mentioning summary judgment and motions being denied.
Justice Scalia asked whether Teague says anything about time.
After argument, the case was submitted.
- [1] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 1
- [2] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 17
- [3] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 23
- [4] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 40
- [5] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 47
- [6] f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdf, p. 59
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- f37196a7fa03d17f0633-r1-05bce977a6d6ffb6.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.