Mental health will increasingly be reviewed. I think governors sense it's permissible to make these kinds of decisions. The death penalty is being debated everywhere.

You can plead guilty, but you can't plead death. You can request it.

We as a country have been dramatically changing our notions about clemency and the death penalty in the past half decade.

These cases are not yet a trend of where things are going. The meatier issues are still unpredictable at this point.

No one wants to see an innocent person executed, whichever side of the political aisle you're on.

Fees go up. What makes this case high is not 2005, however, but how unusual a case it was.

What's needed is some growing evidence from the states that they want to ban executing minors. More state governors and legislatures have to weigh in. They need some momentum in the next year or two for the justices to say, now is the time to decide this.

They're not completely off the hook yet.

Someone, either a judge or a jury, must determine beyond a reasonable doubt that government has proven an aggravating factor beyond guilt.