Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of the crime in evaluating whether he deliberated

QUESTION PRESENTED Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant’s intoxication at the time of the crime in evaluating whether he deliberated, when such mental state element is a “circumstance of the particular offense,” Woodson v. North Carolina, 428 U.S. 280, 304 (1976), and a “critical facet of the individualized determination of culpability required in capital cases,” Tison v. Arizona, 481 U.S. 137, 156 (1987)?