Whether due process requires that every statutory element of an aggravating circumstance be proven beyond a reasonable doubt

QUESTIONS PRESENTED I. In a state in which the death penalty is authorized only upon a finding of an enumerated aggravating circumstance, does due process require that every statutory element of the aggravating circumstance be proven beyond a reasonable doubt? II. Where the Arkansas Supreme Court has interpreted the capital sentencing statute to allow a jury to extend mercy in determining whether the aggravating circumstances justify a penalty of death, does failure to instruct the jury of that option violate due process? III. Did the failure of the Arkansas Supreme Court to consider and rule upon issues raised and argued on direct appeal violate Petitioner’s due process rights of access to the courts and to a meaningful opportunity to be heard by rendering appellate review inadequate, ineffective or unmeaningful? PARTIES The parties to this action are Scotty Ray Gardner and the State of Arkansas. i