PREFACE TO QUESTIONS PRESENTED: Prisoners, by the very nature of their
circumstances, are more than merely similarly situated; they are exactly situated. A
prisoner 's first opportunity for a parole consideration should therefore occur with
some semblance of equal incidence. In Oklahoma, that would mean eligibility for a
consideration for parole at one-third (1/3) or one-fourth (1/4) of the sentence imposed
for all persons within the custody of the Department of Corrections as it had been
before the adoption of 42 U.S.C.A. § 13704 's 85% Rule.

1. Whether 34 U.S.C.A. § 12104 's (Formerly cited as 42 U.S.C.A. § 13704) 85%
requirement mean to disturb States ' settled parole statutes regarding eligibility for
consideration for parole.

2. Has Petitioner presented a justiciable question of fact concerning whether Okla.
Stat. tit 21 § 12.1 's 85% Rule-adopted from 34 U.S.C.A. § 12104 (Formerly cited as
42 U.S.C.A. § 13704)-applied to eligibility for a consideration for parole, serve a
legitimate state purpose.

Whether 34 U.S.C.A. § 12104's (Formerly cited as 42 U.S.C.A. § 13704) 85% requirement disturb States' settled parole statutes regarding eligibility for consideration for parole