Mr. Breeden alleges that had his trial counsel argued under Arkansas Law that his case should fall under the "first offender act" ,as a first time offender. Mr. Breeden asserts that his life sentence for Rape, is in violation of the Eighth Amendments prohibition against cruel and unusual punishment for a first- time, offender.

As a matter of law the circuit court's factual findings in support of its exercise of discretion should be reversed. Also Mr. Breeden points out that he should have been entitled to have Arkansas DUS Children and Youth Services file reviewed by trial, counsel to determine whether it contained information that probably would have 'changed outcome of trial. The information may have reasonably been asserted given the facts presented and current law or modification of the sentence imposed. This case thus present the following questions: Did the Arkansas Supreme Court err in deferring to the lower State Court for their decision.

Whether the lower court erred in dismissing petitioner's claims for violation of their First Amendment rights to free speech and free exercise of religion