whether-the-prosecutor's-obligation-under-brady-to-turn-over-evidence-stands-independent-of-the-defendant's-knowledge

QUESTION(S) PRESENTED Mr. Harris’ habeas petition presents exceptional circumstances that have sharply divided the courts below. Eight out of twelve United States of Appeal Circuits have controlling case law that “violates clearly established” United States Supreme Court case precedent with an “affirmative due diligence” 4*" prong to the Brady analysis. Also, Harris highlights a Sixth Circuit court split about whether the “new” evidence required under Schlup includes only “newly discovered” evidence that was not available at the time of trial, or broadly encompasses all evidence : that was not presented to the fact-finder, i.e., “newly presented” evidence. (1) Whether or not, the prosecutor’s obligation under Brady to turn over evidence in the first instance stands independent of the defendant’s knowledge in this case, or does the fact that defense counsel knew or should have known irrelevant to whether the prosecution had an obligation to disclose the information? ee (2) Whether or not, if it is proper for the trial court to admit to a Brady violation on the record, then deny the defendant the right to present a defense and to fully cross-examine the accuser with the impeachment and exculpatory evidence? (3) Whether or not, if due process violations still matter in this case or, can those due process violations remain intact and hinge on a fact of law, of whether there’s a meaningful difference between newly discovered evidence or newly presented evidence, while the classification of the evidence is predicated on the State’s suppression of Brady-Chambers evidence at trial. (4) Whether or not, if impeachment evidence, by itself, can demonstrate actual innocence where it gives rise to sufficient doubt about the validity of the conviction, under the Schlup actual innocence “gateway standard”? (5) Whether or not, it is true that today in America any court or agency can hide evidence, while knowing that fact, and the outcome will be predicated on which circuit you were charged with a crime in? W