1. Did the Supreme Court of Ohio violate the Eighth and Fourteenth Amendments when it refused to reopen Petitioner's direct appeal to consider evidence that the judge and State unconstitutionally made race a factor in whether Petitioner was death-eligible and/or deserving of death? Should this Court grant certiorari, vacate, and remand to allow the Supreme Court of Ohio to reconsider and apply Buck, Peña-Rodriguez, and Tharpe to correct clear Eighth and Fourteenth Amendment violations?

2. Did the Supreme Court of Ohio violate the Eighth and Fourteenth Amendments when it refused to reopen Petitioner's direct appeal to consider evidence that the trial judge independently and the State unconstitutionally made race a factor in whether Were was eligible for a death sentence? Should this Court logically extend Buck, Peña-Rodriguez, and Tharpe to judges in that they like experts and jurors – cannot make race a factor in whether a defendant is death-eligible?

Whether the Supreme Court of Ohio violated the Eighth and Fourteenth Amendments by refusing to reopen the petitioner's direct appeal to consider evidence that the judge and state unconstitutionally made race a factor in determining the petitioner's death eligibility and sentence