Whether the Petitioner's claim is Procedurally Defaulted under the Independent and Adequate State grounds Doctrine. Whether the lower courts erred in not finding of favor of Petitioner when the jury did not find the petitioner guilty of first degree murder, but found him guilty of second degree murder. In Illinois, in order to find an individual guilty of second degree murder, he has to be found guilty of first degree murder first, the a jury will consider the mitigating factors.

Whether the Petitioner's claim is Procedurally-Defaulted