Steven Michael Backstrom v. Texas

QUESTION ONE: Is due process as defined by the Fourteenth Amendment violated where a habeas petitioner satisfies every legal habeas require­ ment set forth in state juiispruden.ce yet the state's highest criminal appellate court dismisses the application under pro­ cedural default? QUESTION TWO: Where the dismissal of a habeas application by the state's highest criminal appellate court infers the applicant could have raised his new factual basis-claim in a previously submitted applica­ tion.- what is due diligence as it relates to reasonable ascertain­ ability and the Due Process Clause of the Fourteenth Amendment? o