Whether Indiana's sentencing procedure for Kelly violated the Eighth Amendment's prohibition on cruel and unusual punishment and the Fourteenth Amendment's due process protections, and whether the Indiana Supreme Court's resentencing approach improperly limited consideration of Kelly's personal development

Whether the sentencing procedure mandated by Indiana Code Sec. 35-38-l-7.1(A) and utilized by the state trial court in imposing Kelly ’s sentence, which sentence was subsequently affirmed by the Indiana Supreme Court herein, violated Federal Law and, in the process, violated Kelly ’s Eighth Amendment right to be free from cruel and unusual punishment and denied Kelly Due Process in violation of the Fourteenth Amendment? Whether, for the purpose of resentencing, the procedure the Indiana Supreme Court utilized, which did not allow it to consider Kelly ’s maturation, accomplishments, and the degree and extent of his rehabilitation since his initial sentencing herein, violated this Court ’s clearly established holdings and, in the process, denied Kelly Due Process in violation of the Fourteenth Amendment? 2