1. This case presents the same questions as Thornell v. Jones, Supreme Court Case No. 22-982 (cert. granted, Dec. 13, 2023): Whether the Ninth Circuit violated this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the district court's findings.

2. Similarly, whether the Ninth Circuit violated this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it failed to weigh the totality of the evidence--the good and the bad--and failed to apply the correct standard when evaluating prejudice.

3. Whether the Majority's assumption that the possibility of an ASPD diagnosis categorically forecloses a life verdict conflicts with the decisions of other Circuits on the same important matter; for example, the Sixth and Eleventh Circuits have held that ASPD is not categorically prejudicial and may be a valid mitigating circumstance. See, e.g., Esparza v. Sheldon, 765 F.3d 615, 623 (6th Cir. 2014); Morton v. Secretary, Florida Dept. of Corrections, 684 F.3d 1157, 1168 (11th Cir. 2012).

Whether trial counsel's failure to conduct any investigation or seek any expert assistance, including mental health expertise, at Kimble's 1981 death penalty trial constituted ineffective assistance under Strickland v. Washington, 466 U.S. 668 (1984)