Whether Bleau was deprived of his constitutional rights under the Due Process Clause and Sixth Amendment when his newly presented exculpatory evidence was not considered as 'newly discovered' and his trial counsel failed to investigate and present a known alibi witness, and whether the Martinez exception should apply in evaluating whether to provide a gateway to federal review

QUESTIONS PRESENTED FOR REVIEW . This petition presents the following three questions: 1) Under circumstances involving a second collateral petition presenting an actual innocence ‘claim; is Bleau deprived of his Constitutional Rights protected by the: a) Due Process Clause of the Fourteenth Amendment when his "newly presented" exculpatory evidence (i.e. evidence known but not presentd to the jury), is not considered "newly : discovered" exculpatory evidence in the context of a Sixth Amendment violation claim of _ ineffective assistance of trial counsel for failing to independently investigate, interview, and 1 present a known alibi witness with corroborating documentary evidence in a death penalty trial?; b) Sixth Amendment when trial counsel! failed to independently investigate, interview, and © present a known alibi witness with corroborating documentary evidence in a death penalty ‘ trial?; c) Due Process Clause of the Fourteenth Amendment when the Martinez exception is not considered in the evaluation of whether to provide a gateway to federal review? i he: ‘A aS . N.LISTOF PARTIES All parties DO NOT appear in the caption of the case cover page. The parties to this proceeding whose judgment is the subject of this petition are: : 1) Kevin Ransom (Superintendent of State Correctional Institution Dallas "SCI") 2) The Commonwealth of Pennsylvania pd