1. Was Rodney Berget arbitrarily deprived of his entitlement to conflict free counsel in violation of the Fourteenth Amendment when his counsel determined not to file an otherwise meritorious appeal because he decided that doing so would be contrary to his spiritual duties?

2. Can a prisoner who has made a substantial threshold showing that he is intellectually disabled waive the claim that the Eighth Amendment as interpreted in Atkins v. Virginia, 536 U.S. 304 (2002) precludes his execution?

Whether Rodney Berget was arbitrarily deprived of conflict-free counsel in violation of the Fourteenth Amendment when his counsel determined not to file an otherwise meritorious appeal because he decided that doing so would be contrary to his spiritual duties