Eber Gramajo v. Mark Nooth, Superintendent, Snake River Correctional Institution
Can reasonable jurists disagree whether a federal subpoena request for medical evidence, barred in state court because petitioner had not proven that independent review and testing of the medical evidence would prove its worth in challenging the prosecution's shaken baby theory of guilt, should be governed under 28 U.S.C. § 2254 by Pinholster's bar on new evidence or by this Court's precedent permitting federal discovery where the habeas petitioner exercised reasonable diligence in state court?
Can reasonable jurists disagree whether a federal subpoena request for medical evidence, barred in state court because petitioner had not proven that independent review and testing of the medical evidence would prove its worth in challenging the prosecution's shaken baby theory of guilt, should be governed under 28 U.S.C. § 2254 by Pinholster's bar on new evidence or by this Court's precedent permitting federal discovery where the habeas petitioner exercised reasonable diligence in state court?