Whether the destruction of material evidence by the government violates the right to due process

QUESTIONS PRESENTED ~ ~ : (1) MAY THE DESTRUCTION OF MATERIAL EVIDENCE BY THE GOVERNMENT VIOLATE PETITIONERS RIGHT TO DUE PROCESS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS, AND POSSIBLY INFRINGE ON THE SIXTH AMENDMENTS RIGHT TO COMPULSORY PROCESS, RENDERING A CRIMINAL TRIAL FUNDAMENTALLY UNFAIR AND DENYING A DEFENDANT OF A CONSTITUTIONAL RIGHT ? (2) WHETHER THE USE OF SUGGESTIVE IDENTIFICATION PROCEDURES DEPLOYED BY THE STATE, AND SUBSEQUENT INCOURT IDENTIFICATIONS VIOLATE THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT RENDERING A CRIMINAL TRIAL UNFAIR? (3) CAN A TRIAL ATTORNEYS POOR PHYSICAL HEALTH AND DEFICIENT PERFORMANCE INFRINGE ON THE SIXTH AMENDMENTS GUARANTEES TO RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, RENDERING AND CRIMINAL TRIAL UNFAIR AND DENYING A DEFENDANT OF A CONSTITUTIONAL GUARANTEE? “ie . All parties appear in the caption of the case on the cover page. -ii ee PABEE OF CONTENTS 0 0 CONSTITUTIONAL PROVISIONS INVOLVED .c.cececeec eee e cece ee tees teeta ed eee e ete sense a eeneed STANDARD OR REVIEW: DENIAL OF CERTIFICATE OF APPEALABILITY .00.04 INDEX TO APPENDICES