Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript from the courts below; did the Commonwealth violate John Wilborn's rights by tampering with the evidence.

Presently, John Wilborn has a copy of the probable cause transcript which contradicts the holding of the district court and John Wilborn does not have a copy of the autopsy report, even though he sought a copy, and by withholding these documents, and depriving John Wilborn from presenting fully his actual innocence claim, did the Commonwealth deny John Wilborn's right to have all the evidence in front of the court below for review, and thus denied John Wilborn the ability to prove all the constitutional violations.

Did the court below err in declining to issue a certificate of appealability, and should this court issue a certificate of appealability.

Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript from the courts below; did the Commonwealth violate John Wilborn's rights by tampering with the evidence