David Lawrence Dixon v. Donnie Ames, Superintendent, Mount Olive Correctional Complex
DueProcess HabeasCorpus
Was Appellant denied his Fourteenth Amendment right to due process when the biological evidence used in his trial was destroyed before Appellant could have it re-tested?
QUESTION(S) PRESENTED Question #1: | Was Appellant denied his Fourteenth Amendment right to due process when the biological evidence used in his trial was destroyed before Appellant could have it re-tested? Question #2: | Was Appellant denied his Fourteenth Amendment right to due process when the State refused to allow Appellant the right to have the biological evidence re-tested under a “state-created” right, when said biological evidence identified another individual as the suspect, creating a conflict with the identity of the perpetrator? Question #3: Was Appellant denied his Fourteenth Amendment rights to due process and equal protection of law under Brady and Agurs by the State, when, the exculpatory value of the evidence as known by the State prior to arrest, identified Appellant as a Caucasian male, when Appellant is a male, and said biological evidence was destroyed before it could have been retested? *