Whether a state rule that excludes as irrelevant evidence that a capital defendant is unlikely to pose a risk of future violence in prison is contrary to or an unreasonable application of this Court's precedent under the Eighth and Fourteenth Amendments

QUESTIONS PRESENTED 1. Whether a state rule that excludes as irrelevant evidence that a capital defendant is unlikely to pose a risk of future violence in prison is contrary to or an unreasonable application of this Court’s precedent under the Eighth and Fourteenth Amendments. 2. Whether a state court decision to dismiss constitutional claims as a matter of law: i.) based on evidence proffered by the party moving for dismissal; and il.) based on evidence in conflict with evidence presented by the nonmoving party; and ili.) based on evidence without supporting bases in the record; and iv.) made without presuming the allegations of the nonmoving party and all reasonable inferences made therefrom to be true; and v.) made without allowing the petitioner any opportunity to develop and present factual support for allegations in the petition, including discovery and an evidentiary hearing; is a decision based on an unreasonable determination of facts or not an adjudication on the merits for purposes of applying U.S.C. § 2254(d). (i)