I. Whether the successful media campaign and referendum culminating in affirmance of Mr. Torres' death sentences qualify as cruel and unusual punishment under the United States constitution;

II. Whether Mr. Torres' execution under the unprecedented circumstances violates the Due Process Clause of the United States Constitution;

III. Whether the referendum is an unconstitutional bill of attainder, where the referendum proceedings specifically cited named individuals who would not be properly punished if the new law was not repealed; and

IV. Whether the referendum process which resulted in repeal of LB 268 and re-imposition of the death penalty denies Mr. Torres Due Process and Equal Protection of the Laws.

Whether the successful media campaign and referendum culminating in affirmance of Mr. Torres' death sentences qualify as cruel-and-unusual-punishment