1. Whether, to establish a violation of Brady v. Maryland, 373 U.S. 83 (1963), a defendant must show that his attorney could not have obtained the undisclosed exculpatory evidence through his own diligence.

2. To the extent that there is some type of diligence requirement, what is the applicable level of diligence and does it foreclose a Brady violation where the undisclosed exculpatory documents were filed in an unpublished and procedurally unrelated case decided several years earlier.

Whether a defendant must show that his attorney could not have obtained undisclosed exculpatory evidence through diligence