1. Whether 28 U.S.C. § (b)(2)(B)(ii)'s actual innocence standard requires the
court to consider all the evidence, old and new, incriminating and
exculpatory, without regard to whether it would necessarily be admitted
under rules of admissibility that would govern at trial, as determined by the
United States Court of Appeals for the Ninth Circuit, or consists only of
evidence presented at the time of trial, adjusted for evidence that would have
been admitted or excluded but for constitutional error during trial
proceedings, as determined by the United States Corut of Appeals for the
Tenth Circuit.

2. Whether the standard for presuming factual findings correct, and that
regarding what universe of evidence that can be considered in a second
habeas petition, were appropriately applied in this case.

whether-28-usc-b-2-b-ii-actual-innocence-standard