1. Whether the Consti tution requi res – i n a state i n whi ch a jury i s
requi red to fi nd that mi tigating ci rcumstances do not outwei gh the
aggravati ng ci rcumstances to i mpose death – that thi s finding be made
beyond a reasonabl e doubt.

2. Whether the Confrontati on Cl ause appl ies to evi dence offered by the
prosecuti on to prove a statutory aggravati ng ci rcumstance that
establ ishes a defendant's el igibility for the death penal ty.

Whether the Constitution requires that the finding that mitigating circumstances do not outweigh aggravating circumstances to impose death be made beyond a reasonable doubt