Efrain Ismael Conde v. Arizona
DueProcess FifthAmendment
Does the Due Process Clause entitle a convicted prisoner to appointment of counsel and opportunity to amend a notice of post-conviction relief asserting newly discovered evidence of witness credibility?
QUESTIONS PRESENTED (1) Does the Due Process Clause of the Federal Constitution’s Fourteenth Amendment entitle a convicted prisoner serving a 25-to-life sentence with additional consecutive sentences to (A) appointment of counsel on a Notice of Post Conviction Relief asserting a claim of newly discovered material evidence directly bearing on the credibility of a crucial state’s witness who has been found to have lied under oath in multiple homicide cases, and/or (B) an opportunity to amend, if necessary, the Notice of Post Conviction Relief (“Notice of PCR”), when the prisoner has no reasonable means of further investigating on his own? . (2) Does the Due Process Clause of the Federal Constitution’s Fourteenth Amendment prohibit a state from ignoring this Court’s materiality standard and _ applying a preponderance of the evidence standard rather than the federal constitutional standard of a “reasonable probability,” which is less than a preponderance of the evidence? This Court held that a reasonable probability is “a probability sufficient to undermine confidence in the outcome” and is less than a preponderance of the evidence. Strickland v. Washington, 466 U.S. 668, 693-94 (1984); Kyles v. Whitley, 514 U.S. 419, 434 (1995). -i