Did the District Court and the Court of Appeals err in relying on procedural bar instead of the underlying constitutional issues by blocking a federal evidentiary hearing and denying the defendant the opportunity to establish actual innocence?

QUESTION(S) PRESENTED , 1. Did the District Court and the Court of Appeals for the llth Circuit err in relying on procedural bar instead of relying on the underlying constitutional issues by blocking a federal evidentuary hearing; thus denying Defendant the opportunity to establish his actual innocence of the conviction? 2. Was Defendant’ _ trial counsel, Mrs. Randy J. Goldet ineffective for failing to call Dr. Forgione to testify at trial on Defendant's behalf to establish Defendant's actual innocence, resulting in a fundamental miscarriage of justice? 3. Was Prosecutor Kerry S. Baron guilty of prosecutorial misconduct and cause a Giglio violation by deliberately misleading the jury by not calling Dr. _Forgione. to testify : and avoiding disclosure of critical exculpatory testimony . . while suborning Mrs. Brock's perjured testimony, which he . obtained through threatening to prosecute Breck unless she testified at trial and “she could tell him something to change his mind"?