Whether it violates th e Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of the crime in evaluating whether he deliberated , when such mental state element is a "circumstance of the particular offense," Woodson v. North Carolina , 428 U.S. 280, 304 (1976), and a "critical facet of the individualized determ ination of culpability required in capital cases," Tison v. Arizona , 481 U.S. 137, 156 (1987)?

Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of the crime in evaluating whether he deliberated