Gregory Alan Rowe v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.
DueProcess HabeasCorpus
If the highest court of a State, such a Pennsylvania's Supreme Court, holds that the State's post-conviction DNA testing provision constitutes a "post-conviction review proceeding" under its Post-conviction Relief Act Statute, is a U.S. District Court and Court of Appeals bound by that State's interpretation of the Statute's effect and purpose when sitting in Federal Habeas Review, thereby requiring AEDPA's limitation period to be tolled when such a State proceeding is on review?
Does one or more, new or old, decisions of a Federal Appellate Court constitute an "intervening change in the law which govern a petitioner's case" where a District Court made a prior decision on statutory law, stating it "was a matter of first impression in [the] Circuit", without reviewing, nor applying the well settled rule of law, as to create a conflict with every District Court under the Court of Appeals' jurisdiction, thereby constituting an extraordinary circumstances warranting Federal Rules of Civil Procedure 60(b) relief?
Does denying a petitioner his right to a Federal Habeas Corpus Review proceeding on a unconstitutional application of statutory law constitute an abuse of discretion and manifest injustice where the petitioner's habeas petition was properly filed under State and Federal law?
Whether a U.S. District Court and Court of Appeals are bound by a State Supreme Court's interpretation of its own post-conviction DNA testing statute when sitting in Federal Habeas Review, thereby requiring AEDPA's limitation period to be tolled