I. Whether, in a murder trial, under the Rhode Island general murder statute, there was a
deprivation of the accused's right to Due Process provided in the 5" Amendment to the
United States Constitution as applied to the States through the 14" Amendment, where
the trial court raised, sua sponte, second degree felony murder as a basis for conviction
for a violation of R.I. Gen. Laws § 11-9-5.3. Child abuse--Brendan's Law an
allegation which was not charged in the Indictment or argued by the State. The Rhode
Island Supreme Court answered that question in the negative.

II. Whether, the accused was similarly deprived of his right to Due Process where the
trial court instructions to the jury on second degree felony murder basis on Brendan's
Law included that: "The only intent required is that the Defendant intended to commit the
underlying felony, one that is inherently dangerous or reflects conscious disregard for the
risk to human life. I instruct you that under Rhode Island law, whenever a person having
care of a child, knowingly or intentionally inflicts any physical injury, upon a child,
however slight, he or she is guilty of a felony unless the following exception
applies:...(the exception is with regard to corporal punishment)?

Whether the court of appeals erred in holding that the petitioner's claims are barred by the statute of limitations