1. Did the jury instruction given in his trial for first-degree murder, which deprived the element of premeditation and relieved the state of its burden to prove beyond a reasonable doubt the essential element of deliberation, violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution?

2. If so, given that adequate relief cannot be obtained in any other form or from any other court, do exceptional circumstances warrant the exercise of this Court's discretionary power to grant an original writ of habeas corpus?

3. Alternatively, is an order of transfer of this case to the District Court for the District of Nevada appropriate?

Whether the Ninth Circuit erred in concluding that the Supreme Court cases of Montgomery v. Louisiana and Welch v. United States do not require retroactive application of a change in state law, like that adopted by the Nevada Supreme Court in Byford v. State, to cases on collateral review