Whether a criminal defendant is denied due process of law if the state improperly invokes its res judicata rule

QUESTIONS PRESENTED 1. Whether a criminal defendant is denied due process of law, if the state improperly invokes its res judicata rule for the sake of denying a post-conviction relief petition? 2. Did the Court of Appeals for the State of Ohio correctly conclude that the Petitioner filed a Motion for Leave to File a Delayed Appeal, after the trial court failed to render its Finding of Facts and Conclusion of Law as mandated by R.C. 2953.21(C) under the Ohio Constitution? : 3. Whether reasonable jurists would debate if a District Court’s determination that the Petitioner has defaulted all constitutional claims asserted in the post-conviction relief . petition by failing to comply with the state procedural rule, and not show “cause” and “prejudice” to excuse this default? 2