I. Does the uncertainty engendered by the lack of uniform application of Federal Rules of Evidence 413/414 and the 403 balancing test permit district courts to admit a limitless and unbounded number of prior instances of sexual misconduct and thereby deprive a defendant, like Mr. Perrault, of his right to due process and a fair trial?

II. Do overlapping and non-specific jury instructions violate the requirements of jury unanimity and the prohibition against double jeopardy?

Does the uncertainty engendered by the lack of uniform application of Federal Rules of Evidence 413/414 and the 403 balancing test permit district courts to admit a limitless and unbounded number of prior instances of sexual misconduct and thereby deprive a defendant, like Mr. Perrault, of his right to due process and a fair trial?