1) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to
Due Process by:
a) Affirming the District Court 's decision denying Mr. Higley's Application for Appeal Out
of Time without holding an evidentiary hearing to afford Mr. Higley the opportunity to
present evidence that he was denied the opportunity for a Direct Appeal through no fault
of his own?
b) Concurring with the District Court's opinion in which the Court did not present any
finding of facts or case law to refute Mr. Higley's allegations that he was denied a Direct
Appeal through no fault of his own?
2) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley 's 6th Amendment right to
Counsel by:
a) Affirming the District Court's decision denying Mr. Higley's Application for Appeal Out
of Time without addressing the merits to Mr. Higley 's claim to ineffective assistance of
counsel?

Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process?