Damon Neal Dunbar, Jr. v. Oklahoma

whether the Oklahoma court of criminal appeals erred in rejecting confessed constitutional errors under Brady and Napue and giving not weight to the State's considered view that Petitioner's trial was infected by serious constitutional error and prosecutorial misconduct.

Whether the Oklahoma Court of Criminal Appeals erred by depriving the jury critical evidence that would have established his innocence. The district court declined to reach the petitions merits, holding Dunbar could not satisfy the threshold showing of actual innocence required by Sawyer v. Whitley, 505 U.S. 333,336,112 S. Ct. 2514,2417,120 L.Ed. 2d 260, under which a petitioner must demonstrate by clear and convincing evidence that, but for constitutional error, no reasonable juror would have found him guilty 3 . Timing is factor relevant in evaluating reliability of Petitioner's proof of innocence

Jurisdiction; the federal question pertaining to the state courts, is did the prosecuting agencies have jurisdiction to prosecute a tribal member on Federal Reservation Land on the Cheyenne Arapaho Reservation. LIST OF PARTIES

The Oklahoma Court of Criminal Appeals;

The District Court of Custer County Oklahoma (The District Attorney's Office, thereof.) TABLE OF CONTENTS QUESTION PRESENTED TABLE OF AUTHORITIES INTRODUCTION STATEMENT OF THE CASE A. Factual background and procedural history SUMMARY OF ARGUMENT ARGUMENT ................................. I. Prosecutorial misconduct committed and confessed by the state precluded any possibility of a fair trial or a valid sentence A. Dunbar's due process rights under Brady and Napue were violated in conjunction with states testifying witness II. 1. The failure to disclose that a plea deal was promised for the witness testimony III. The Brady violation was exacerbated by a Napue violation