1. Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress that exceeds the punishment of death determined by the jury and imposed by the trial court, and amounts to an additional punishment that the Court should find proscribed by the Eighth and Fourteenth Amendments; and,

2. Whether Mr. Garcia is actually innocent of the death penalty, as that term is defined in Sawyer v. Whitley, 505 U.S. 333, 348 (1992), because his excessively-long incarceration, with extreme deprivation on Texas' death row, makes him part of a class of offenders whose executions should be circumscribed by the Eighth and Fourteenth Amendments, and renders him not eligible for a sentence of death.

Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress that exceeds the punishment of death determined by the jury and amounts to an additional punishment that the Court should find proscribed by the Eighth and Fourteenth Amendments