whether-the-courts-below-erred-by-upholding-the-trial-court's-determination-that-the-only-witness-to-petitioner's-purported-jailhouse-confession-was-unavailable

QUESTIONS PRESENTED 1. Whether the courts below erred by upholding the trial court’s determination that the only witness to petitioner’s purported jailhouse confession was “unavailable,” allowing the prosecution, at petitioner’s retrial, to read to the jury testimony of such witness. 2. Whether due process tolerates a trial containing serious violations of fundamental fairness regarding material physical evidence, when viewed in combination with the remaining evidence (or lack thereof). 3. Whether the purposeful prosecutorial misconduct at petitioner’s first trial and resentencing was of such a magnitude to implicate the Double Jeopardy Clause. i