Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the government and reasonably expected to receive additional benefits for further cooperation is a government agent for the purposes of Massiah and its progeny;

Whether the Massachusetts Supreme Judicial Court's rulings that defendants must affirmatively prove the existence of an articulated agreement containing a specific promise of a benefit to a jailhouse informant by the government is incorrect as a matter of law and inconsistent with established federal precedents because it precludes a finding of an implicit agreement whereby an experienced jailhouse informant who has cooperated regularly in the past can reasonably and accurately expect to be compensated for future cooperation thus establishing an agency relationship that implicates the Sixth Amendment rights of a defendant.

Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the government and reasonably expected to receive additional benefits for further cooperation is a government agent for the purposes of Massiah and its progeny