Donatus O. Mbanefo v. United States
DueProcess HabeasCorpus Securities
Whether a defendant must show inability to obtain suppressed evidence through own efforts to establish Brady violation
QUESTIONS PRESENTED FOR REVIEW F 1). Whether, to establish a violation of Brady v. Maryland, 373 US 83 (1963), a defendant must show that he could not have obtained the suppressed, exculpatory evidence through his own independent efforts of “self-help” or “due diligence” as the 11 and other five circuits have held, or whether the defendant’s failure to uncover the evidence independently is irrelevant as the other six courts of appeal have held. 2). Whether, the failure of the prosecutor to correct the testimony of two law enforcement officers which he knew were false was a Giglio/Napue misconduct which denied Petitioner due process of the law in violation of the 5'* Amendment of the United States constitution. i