In light of the foregoing facts, this petition presents the following questions:

1. Whether a freestanding claim of actual innocence presents a cognizable constitutional claim under the Eighth and Fourteenth Amendments.

2. Whether the Eighth and Fourteenth Amendments prohibit an execution from being carried out where new scientific evidence and other reliable evidence establishes that the condemned man is probably innocent.

3. Whether the Missouri Supreme Court violated petitioner's Fourteenth Amendment rights in failing to grant him an evidentiary hearing on his claim of innocence and in failing to reexamine the proportionality of his death sentence based upon this newly discovered evidence as required by state law.

Whether a freestanding claim of actual innocence presents a cognizable constitutional claim under the Eighth and Fourteenth Amendments