David Stephen Middleton v. William Gittere, Warden
1. In a post-conviction proceeding, was Mr. Middleton's right to due process violated when the Nevada state courts failed to consider exculpatory evidence presented in prior habeas petitions in their threshold determination of an actual-innocence gateway claim, thereby erroneously failing to grant him formal discovery of evidence in exclusive possession of the State?
2. Was Mr. Middleton's right to procedural due process violated when the Nevada state courts arbitrarily denied him access to biological evidence for the purposes of conducting DNA testing to prove his innocence?
In a post-conviction proceeding, was Mr. Middleton's right to due process violated when the Nevada state courts failed to consider exculpatory evidence presented in prior habeas petitions in their threshold determination of an actual-innocence gateway claim, thereby erroneously failing to grant him formal discovery of evidence in exclusive possession of the State?