Whether the petitioner's substantive claim should be heard on the merits as it could not have been raised in earlier proceedings

QUESTIONS FOR REVIEW I. The Petitioner’s Substantive Claim Should Be Heard on the Merits, as the Claim Could Not Have Been Raised in an Earlier Proceedings. II. The Petitioner Is in Possession of Newly Discovered Evidence Tending to Prove His Actual Innocence, Meaning That Further Incarceration Would Be a Continued Violation of the Petitioner’s Fifth and Fourteenth Amendments Right to Due Process of Law. TI. Prior Counsel was Ineffective for Failing to Adequately Investigate the Alibi Defense. Likewise, counsel pro se was ineffective on appeal and in the first post conviction pleading.1 IV. The Petitioner Is Entitled to an Evidentiary Hearing on These Matters. ii