Whether a court of appeals should remand a habeas action where the lower court fails to fully adjudicate the underlying habeas claims on the merits and renders a decision irreconcilable with the requirements of 28 U.S.C. § 2255

QUESTIONS PRESENTED 1. WHETHER .A COURT OF APPEALS SHOULD REMAND A HABEAS ACTION WHERE THE LOWER COURT FAILS TO FULLY ADJUDICATE THE UNDERLYING HABEAS CLAIMS ON THE MERITS AND RENDERS A DECISION IRRECONCILABLE WITH THE REQUIREMENTS OF 28 U.S.C. § 2255 THAT PROPER FACT-FINDING MUST BE CONDUCTED BY A REVIEWING COURT BEFORE A PLAUSIBLE CLAIM FOR RELIEF IS DISSMISSED; AND 2. WHETHER A COURT OF APPEALS SHOULD ISSUE A CERTIFICATE OF APPEALABILITY . AND GRANT REVIEW OF A CASE IN WHICH THE LOWER COURT DENIED HABEAS ‘RELIEF DESPITE PETITIONER'S PRESENTATION OF UNCONTROVERTED EVIDENCE THAT THE GOVERNMENT SUPPRESSED MATERIAL IMPEACHMENT EVIDENCE CONCERNING A KEY WITNESS AND PERMITTED SUCH WITNESS TO FALSELY TESTIFY REGARDING THE SUBSTANCE OF HIS COOPERATION AGREEMENT WITH PROSECUTORS. -1