Whether the application of Texas Code of Criminal Procedure Article 11.071 § 5 to bar Cedric Ricks from presenting his unexhausted Batson claim violated his right to due process under the Fourteenth Amendment.

Whether the Due Process Clause prohibits a state from applying procedural bars to subsequent habeas petitions in a manner that prevents a capital defendant from presenting newly discovered evidence of race-based juror strikes in violation of Batson v. Kentucky