Whether the Arkansas Supreme Court violated due process

QUESTIONS PRESENTED 1. Whether the Arkansas Supreme Court violated due process by affirming Keesee’s capital-murder conviction based on a nonjurisdictional argument that was never by the State at either the trial level or on direct appeal. 2. And, whether Arkansas Supreme Court violated due process and separation of powers by refusing to construe Keesee’s and other arguments related to Arkansas’s statute, an issue of first impression in Arkansas. i