Whether the Court of Appeal erred in failing to provide petitioner due process by failing to consider either explicitly or implicitly his rights in failing to grant an Evidentiary Hearing, whether counsel was ineffective assistance in properly investigating the Petitioner's unlawful arrest and seizure of D.N.A, and prosecutors misconduct, which is a Due Process violation of Petitioner Constitutional Rights.

Whether the Fourth and Fourteenth Amendments require suppression of DNA evidence obtained through an allegedly unlawful arrest and seizure due to ineffective assistance of counsel and prosecutorial misconduct