When a defendant's death sentence is vacated and a life sentence with the possibility of parole after 25 years imposed in its place, is the Due Process Clause violated when a state court adopts a novel construction of statutory language which denies him incarceration credit he would otherwise be constitutionally entitled to under the Double Jeopardy Clause?

QUESTIONS PRESENTED When a defendant’s death sentence is vacated and a life sentence with the possibility of parole after 25 years imposed in its place, is the Due Process Clause violated when a state court adopts a novel construction of statutory language which denies him incarceration credit he would otherwise be constitutionally entitled to under the Double Jeopardy Clause? 1