Robert Ralph DiPietro, Petitioner v. Michael Nail, Commissioner, Georgia Department of Community Supervision

1. Whether the lower courts erred in finding that the missing (lost or destroyed by the state) exculpatory trial evidence; the pro bono, expert DNA testimony about sperm and semen from DNA expert Dr. Greg Hampikian, with the Innocence Project— which refuted the State’s sole physical evidence in a rape and molestation case — was “irrelevant” to Petitioner’s conviction and direct appeal, thereby failing to address a meritorious Sixth Amendment claim of ineffective assistance of appellate counsel Brian Steel for losing his copy of the trial testimony, and failing to transmit the testimony and then his failure to notify the Georgia Court of Appeals about the fact there was MISSING DEFENSE EXPERT TRIAL EVIDENCE FROM THE TRIAL RECORD FOR THE DIRECT APPEAL that was not included, in the transmitted documents that THE APPELLLATE COUNSEL was responsible for sending for the Petitioner’s motion for new trial and all appeals. Where that testimony directly contradicted the State’s false forensic evidence of semen and sperm and was essential to rebutting the prosecutor’s theory that the molestation was a prelude to a rape for which Petitioner was acquitted? 2. Whether the lower courts applied a legally incorrect standard under Strickland v. Washington by evaluating a lost trial?