Whether petitioner's conviction of first degree murder violated the constitutionally protected state-created liberty interest guaranteed under the Fourteenth Amendment and the substantive due process doctrine

QUESTION PRESENTED FOR REVIEW J. WHETHER PETITIONER’S CONVICTION OF FIRST DEGREE MURDER VIOLATED THE CONSTITUTIONALLY PROTECTED STATE-CREATED LIBERTY INTEREST GUARANTEED UNDER THE FOURTEENTH AMENDMENT AND THE SUBSTANTIVE DUE PROCESS DOCTRINE SINCE, PURSUANT TO STATE LAW, MURDER OF THE FIRST DEGREE IS EXCLUSIVELY A CAPITAL OFFENSE, WHICH CAN ONLY BE TRIED AND REACHED IN A CAPITAL MURDER CASE, AND PETITIONER’S CASE WAS NEVER DEEMED TO BE ONE PRIOR TO THE STATRT OF TRIAL AS REQUIRED BY LAW. i