Whether the DNA tests were favorable under New Hampshire RSA 651-D-2, VI (b) and warrant dismissal of the charge

QUESTION(S) PRESENTED a 1. ‘Issue-.One: Whether the DNA tests were favorable under... “New Hampshire RSA 651-D-2, VI (b). and warrant: dismissal of the : ‘charge because a different result would be reached on retrial. . The Superior Court denied the motion and stated "denied for the Reasons set Forth in the State's Objection." The state ‘supreme ; : court declined discretionary appeal. . a, CO : 2. “Issue Two: Whether Robert ‘Breest is entitled to the raw ; data to establish that the 2012 DNA test excluded him at both ) the major and minor profiles. The state has conceded to the state supreme court that Robert Breest is excluded.by the raw data , at the major profile. The hearing in 2015 revealed that the minor nn profile consisted of two of 17 markers that match Robert Breest, and the state's expert testified that she thought the two markers 7 could be artifacts. Should Robert Breest be entitled to the raw : data to show that .the two markers are not aleles, but merely : . “artifacts. In all the previous tests, they were never detected. 3. Issue Three: Whether the state courts should have vacated : ’ the psychosexual murder certification and increased sentence, | where the District Court of New Hampshire in 1977, Slip Opinion , 77-45, on application for habeas corpus ruled that Robert Breest _ . _ was never convicted by ajury of psychosexual murder and remanded the action to the New Hampshire Supreme Court for action not. inconsistent. with that number 77-45 opinion and order. : , : QUESTION(S) PRESENTED © Continued : 4. Issue Four: Whether because the Attorney General argued _ that testimony at the 2015 hearing .in Merrimack County Superior , . Court didn't exist. Robert Breest sought a court order that the . Attorney General supply the state supreme court with a copy of : the 2015 hearing transcript. Thus, allowing Robert Breest -to , substantiate that his expert DNA witness did not testify about the 2012 DNA Y-STR DNA results that Robert Breest argues that exclude him on both the major and minor profile. ; 5. Issue Five: Whether the motion for. judgment should have ) been granted where the transcript shows that the testimony of : . the state's expert did not inculpitate Robert Breest, contrary to the state's argument. ; : . 3 | . —.