Whether the prosecution's nondisclosure of arguably impeaching information relating to a witness who linked the defendant with two murders can be material for purposes of a Brady analysis when the trial record establishes via the unrefuted testimony of other witnesses that the defendant twice knowingly and voluntarily confessed to police to being an accomplice to both murders with an intent to kill, which confessions were corroborated by other evidence?

QUESTIONS PRESENTED 1. Whether the prosecution’s nondisclosure of | arguably impeaching information relating to a witness who linked the defendant with two murders can be material for purposes of a Brady analysis when the trial record establishes via the unrefuted testimony of other witnesses that the defendant twice knowingly and voluntarily confessed to police to being an accomplice to both murders with an intent to kill, which confessions were corroborated by other evidence? | 2. Whether it is permissible for a court conducting a Brady analysis to find that undisclosed information | is material based upon speculation regarding how the information might have been used by the defense at | trial when a record was developed on the Brady claim on state collateral review that establishes how the reports would have been used at trial and compels the conclusion that no difference in the outcome is ‘ reasonably probable? ; 8. Whether this Court will countenance the | transformation of Brady and its progeny by convicted criminals from a due process shield into a litigation : sword that can be used to invalidate lawful judgments | of sentence? | | | | . | 1 | | . | | | | |