Whether the right to minimal Due Process required in clemency proceedings is satisfied

QUESTIONS PRESENTED 1. Whether the right to minimal Due Process required in clemency proceedings is satisfied when the governing rules are unenforceable, subject to change without notice, and fail to notify a capital defendant of the procedures he may use in order to obtain meaningful access to the proceeding. 2. Whether, in the clemency context, if a State determines that clemency will be considered in a capital case, Due Process requires that the State devise a process that is unambiguous and clear in notifying a defendant as to rules for obtaining meaningful review. 3. In evaluating whether a clemency scheme violates due process, may a court rely on the discretionary nature of executive clemency power to accept a governor’s factual assertions as true when they are disputed, shrouded in secrecy, and contradicted by the existing record? i