Kevin Lee Beam v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.
DueProcess FourthAmendment HabeasCorpus CriminalProcedure
Does the misguided destruction of exculpatory fetal DNA tissue evidence constitute a Brady violation?
QUESTIONS PRESENTED I. Does the misguided destruction of exculpatory fetal DNA tissue evidence belonging to the victim by the Respondent constitute a "Brady. Violation" where such evidence would have established Petitioner's actual innocence? IE. Does the invalidation of Pennsylvania's Mandatory Minimum Sentencing Statute [based upon this Court's opinions in Alleyne and Montgomery rendering it : , unconstitutional] have retroactive effect on state post-conviction review as such invalidation constitutes a substantive change in constitutional law : which dictated the length of Petitioner's sentence? III. Does interrogating Petitioner without reading him his "Miranda Rights" ~ violate his constitutional right against self-incrimination where the line questioning was direct to him as a suspect, instead of a witness in order to elicit an incriminating statement? IV. Does the suppression of "Low IQ Evidence" from the jury deny Petitioner his right to a fair trial and due process of law where he was precluded from : challenging the voluntariness of his coerced vague confession? :