I.
In a state in which the death penalty is authorized only upon
a finding of an enumerated aggravating circumstance, does due process
require that every statutory element of the aggravating circumstance be
proven beyond a reasonable doubt?

II.
Where the Arkansas Supreme Court has interpreted the
capital sentencing statute to allow a jury to extend mercy in determining
whether the aggravating circumstances justify a penalty of death, does
failure to instruct the jury of that option violate due process?

III. Did the failure of the Arkansas Supreme Court to consider and
rule upon issues raised and argued on direct appeal violate Petitioner's
due process rights of access to the courts and to a meaningful opportunity
to be heard by rendering appellate review inadequate, ineffective or
unmeaningful?

Whether due process requires that every statutory element of an aggravating circumstance be proven beyond a reasonable doubt