Whether a criminal defendant's due process rights are violated when a state supreme court dismisses a capital appeal and fails to appoint replacement counsel or ensure a complete appellate record

QUESTIONS PRESENTED FOR REVIEW 1. If criminal defendant is re-sentenced to, inter alia, death ina capital case, should a reviewing court afford all due process rights on direct appeal pursuant to the Fifth and Fourteenth Amendments of the United States Constitution and ensure that the appellate record is complete before requiring counsel to file a merit brief? 2. If a state supreme court determines that appellate appeal in a capital case failed to abide by timelines and dismisses a direct appeal, does that state supreme court violate the Due Process Clause and the Sixth Amendment to the United States Constitution by refusing to appoint replacement counsel for the dismissed capital appeal? 3. Is a litigant's right to procedural due process implicated if a state supreme court "speaks through its journals," and if six of the seven justices of a state supreme court are not included in a dispositive order of that court? ii