Whether it violates due process for a state court to deny substantive review of a constitutional violation in a death penalty case

QUESTIONS PRESENTED Whether it violates due process for a state court to deny substantive review of a constitutional violation in a death penalty case, when the state habeas petitioner has established, in subsequent proceedings, that the prosecution intentionally committed misconduct at trial and intentionally concealed its misconduct from court appointed state habeas counsel? May a State permanently preclude the invocation of this Court’s jurisdiction to review a death sentence by requiring the production of live testimony from deceased habeas counsel to prove his unawareness of the prosecution’s intentional misrepresentations at trial and the concealment of those representations from him? Can both the Eighth or Fourteenth Amendments tolerate a death sentence obtained by false representations by the prosecutor to the judge and jury that the victim’s parents wanted the jury to return a death sentence, when in fact, the parents opposed a death sentence?