Whether a state court's application of the harmless error doctrine to post-conviction DNA evidence violates a criminal defendant's constitutional right to due process and meaningful review of potential exculpatory evidence

No question identified. : Which pertains to one(1) sole issue that if granted and accepted by this Court , shall set precedent in all Federal and State Courts alike when it comes to the issue of DNA. To deny reversals: why. are the lower Courts quick to claim Harmless error, to evidence that unrefutably has the sole power, to either: a). clear the accused b). convict the accused +/or c). under a specific State Statutorial post conviction DNA motion exonerate the imprisoned ?. (ei: NYS CPL§ 440.10[1](g-1) or NYS (L.2012 Ch.19 §4) effective Oct 1,2012. or to put it in another term Can Harmless error be applied to DNA evidence referred to by the People at multiple phases during trial ?. If this permission sought after is granted and subsequent Writ is accepted by this Court Petitioner shall illustrate via submitted brief many examples via Richardson Vv. Capra 2023 WL 1094949 * 23-25 that it was to the contrary. (not harmless) The NYS AG Office at 28 Liberty st, 14th floor, New York, NY 10005 has been sent a copy of this permission to file a late Writ application simultaneously, along with Exhibits A thru D to erradicate any prejudices. Please assign this request to a Justice in this U. S. Supreme Court for said granture or denial. I thank you in advance ! oe a ce: file Res fu buitted Gateia, 09 Petitioner Pro-se. TO: NYS AG Office 28 Liberty st, 14th floor New York, NY 10005, Pg. 3 of 3, ( raised as POINT 3 in application for C.0.A ) EXHIBIT A W.D.N.Y, 19-cyv-6047 , Siragusa, J. United States Court of Appeals FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshal! United States Courthouse, 40 Foley Square, Present: Joseph F, Bianco, Eunice C, Lee, Sarah A. L. Merriam, Circuit Judges. ~ Frank Garcia, v. 23-393 Joseph Noeth, Appellant, pro se, moves for a certificate of appealability. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because Appellant has not “made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c); see Miller-El vy, Cockrell, 537 US. 322, 327 (2003). FOR THE COURT: Catherine O’Hagan Wolfe, Clerk of Court VIANDA TE United States Court of Appeals FOR THE SECOND CIRCUIT W.D.NLY. 19-cv-6047 Siragusa, J. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall] United States Courthouse, 40 Foley Square, in the City of New York, on the 16% day of August, two thousand twenty-three, Present: Joseph F. Bianco, Eunice C. Lee, Sarah A. L, Merriam, Circuit Judges, Saaneien ee Frank Garcia, v. 23-393 Joseph Noeth, neneiinasae Appellant, pro se, moves for a certificate of appealability. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because Appellant has not “made a substantial showing of the denial of a Constitutional right.” 28 US.C. § 2253(c); see Miller-El vy. Cockrell, 537 U.S, 322, 327 (2003). FOR THE COURT: Catherine O’Hagan Wolfe, Clerk of Court A True Copy ( raised in reconsideration motion on pg. 21 ) EXHIBIT B UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ane ee Ata stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 27" day of October, two thousand twenty-three, ESS er Frank Garcia, Petitioner Appellant, Vv. Joseph Noeth, ORDER Docket No: 23-393 Respondent Appellee. FOR THE COURT: Catherine O'Hagan Wolfe, Clerk ( see decision on DNA on pgs 891, 1792, and pes 4493 thru 4592 ) EXHIBIT C OE REEILIE ES Oe LAVSTEICE COUT NY Wd pl?959894477317704 Other Orders/Judgments 6:19-cv-06047-CJS Garcia v. ote Cv VOu4 (-CJS Garcia v. Noeth HABEAS, PS-C,ProSe U.S. DISTRICT COURT US. District Court, Western District of New York Notice of Electronic Filing The following transaction was entered on 2/17/2023 at 11:51 AM EST and filed