Whether the Fourteenth Amendment's Due Process Clause requires a State to apply to the resentencing of a criminal defendant, a rule of law defining an element of a criminal offense that was new with respect to the case when announced in the decision on direct appellate review, but was no longer new at the time of resentencing.

Whether the Fourteenth Amendment's Due Process Clause requires retroactive application of a new rule of law defining a criminal offense element when the rule was no longer new at the time of resentencing