RANSOM, Justice. In 1987 Terry Clark was sentenced to death for the kidnapping and murder of nine-year-old Dena Lynn Gore. On direct appeal a divided Court upheld this death sentence even though the prosecutor stressed Clark’s future dangerousness and the jury was not informed as to the length of time Clark would serve in prison if he was not sentenced to death. State v. Clark, 108 N.M. 288, 772 P.2d 322, cert. denied, 493 U.S. 923, 110 S.Ct. 291, 107 L.Ed.2d 271 (1989). Pursuant to SCRA 1986, 5-802 (Repl.Pamp.1992), Clark filed a petition for a writ of habeas corpus in the district court, reiterating claims of fundamental error in his sentencing, raising the effect of our decision in State v. Henderson, 109 N.M. 655, 658, 789 P.2d 603, 606 (1990) (<HOLDING>), and claiming ineffective assistance of
holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment holding that fundamental fairness due process and eighth amendment rationales require that the jury be given accurate information on the actual meaning of a life sentence holding that the mandatory life sentence provisions of 21 usc  841b1 do not violate the eighth amendment holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment holding that to declare a denial of due process we must find a denial of fundamental fairness