Whether a due process violation occurs when the government knowingly uses false testimony even if the defense knows of the false testimony

QUESTIONS PRESENTED | 1. Which divided Courts of Appeals are correct: the Eleventh, Fifth and | Second Circuits holding that a due process violation occurs when the government | a knowingly uses false testimony even if the defense knows of the false testimony, _" _ or the Fourth, Seventh and District of Columbia Circuits holding that if the defense . “is aware of the false testimony no due process violation occurs? 4 2. Which divided Courts of Appeals are correct: the Ninth and Third Circuits _ | holding that the actual prejudice Brecht standard does not apply to perjured. testimony in habeas corpus cases, or the First, Sixth, Eighth, and Eleventh Circuits . . holding the opposite? . _, 3. Can defense attorneys allow the government to knowingly use false , ; testimonies to convict their clients without violating their clients’ right to effective . : representation under the Sixth Amendment? | o ; 4. When criminal defense attorneys provide deficient representation during plea negotiations that prevent the plea negotiations to materialize into plea . a, agreements that would have resulted in sentences lower than the ones received . _ after trial, have they violated their clients’ Sixth Ameridment right, and what would : be the remedy? | . 7 | ,