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

QUESTIONS PRESENTED 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?