1. Whether Mr. Sales's death sentence violates the Sixth, Eighth, and
Fourteenth Amendments, where the jury did not and could not find, based on the
evidence at trial, that Mr. Sales (as a non-triggerman) intended to kill or acted as a
major participant in the shooter's crime with reckless indifference to human life—as
required by this Court's precedent in Enmund v. Florida, 458 U.S. 782 (1982), Tison
v. Arizona, 481 U.S. 1387 (1987), Apprendi v. New Jersey, 530 U.S. 466 (2000), and
Ring v. Arizona, 536 U.S. 584 (2002)?

2. Whether the Texas Court of Criminal Appeals ("TCCA") violated Mr.
Sales's Fourteenth Amendment rights by deferring to the trial court's clearly
erroneous findings—based on improper and unequally applied legal principles and
facts in direct contravention of clearly established federal law—to apply an
inapplicable procedural bar to prevent Mr. Sales's constitutional claims from being
heard?

3. Whether the cumulative impact of the TCCA's errors outlined in
Questions 1 and 2 undermine all confidence in the constitutionality of Mr. Sales's
death sentence, such that no reasonable juror assessing the newly discovered
evidence of Mr. Sales's actual innocence would be able to make a constitutionally
sufficient finding at sentencing to warrant the death penalty?

Whether Mr. Sales's death sentence violates the Sixth, Eighth, and Fourteenth Amendments