1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT
GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN
ACQUITTED BY A JURY, OR DISMISSED PURSUANT TO A PLEA
AGREEMENT AND FACTUAL BASIS UNDER SDCL § 23A-7-4
(Fed.R.Crim.P. 11(0), TO BE ARGUED BY A PROSECUTOR AND
CONSIDERED BY A COURT AT SENTENCING?

2.) WHETHER SOUTH DAKOTAS HOMICIDE SCHEME VIOLATES THE
SIXTH AND FOURTEENTH AMENDMENTS AS IT CONTAINS
IDENTICAL MAXIMUM PENALTIES OF LIFE WITHOUT PAROLE AND
VAGUE STATUTES?

Whether acquitted conduct or dismissed conduct pursuant to a plea can be argued and considered at sentencing