Whether the State's suppression of favorable evidence and presentation of false arguments at a death penalty case's penalty phase violates due process and the Eighth Amendment

QUESTIONS PRESENTED 1. Whether, as the State concedes, the State’s suppression of favorable evidence and presentation of false argument at the penalty phase of a death penalty case violates due process of law and the Eighth Amendment. See Alcorta v. Texas, 355 U.S. 28 (1957), Brady v. Maryland, 373 U.S. 83 (1963), Miller v. Pate, 386 U.S. 1 (1967), Giglio v. United States, 405 U.S. 150 (1972), and Caldwell v. Mississippi, 472 U.S. 320 (1985). 2. Whether the Texas Court of Criminal Appeals’ new rules for satisfaction of the due diligence requirement for consideration of subsequent writ applications is an adequate and independent state-law ground for the judgment. ii