THIS IS AN EXCEPTIONAL CASE. THE PETITIONER WAS CONVICTED ON SEPTEMBER 30, 1998; (the jury found petitioner guilty 2 counts of murder in the first degree and related offenses) EVEN THOUGH THERE WAS A CONFESSION FROM DARYL GLASCO SIGNED BY GLASCO, ADMITTING TO THE 2 MURDERS, AND TO HAVE ACTED ALONE. THE AFFIDAVIT OF GLASCO WAS ADMITTED INTO THE RECORD LATER ON 10-31-2001. ADMISSION THAT HE ACTED ALONE. THE LOWER COURTS DID ERROR AND DENIED THE PETITIONER DUE PROCESS (5TH & 14TH AMENDMENT) AND THE APPELLATE COURTS REFUSED TO PROHIBIT THE PETITIONER TO PROVE-THAT HE IS ACTUALLY INNOCENT. THE DNA TEST WAS GRANTED AS IF THE DNA TEST WAS GRANTED AS IS SET FORTH IN THE MOTION BY PETITIONER IT WOULD "PROVE" THAT SOMEONE OTHER THAN BY PETITIONER IT WOULD PROVE THAT HE IS ACTUALLY INNOCENT.

Whether the lower courts erred in denying the petitioner due process by prohibiting him from proving his actual innocence