Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court when they denied -without an evidentiary hearing - Petitioner 's petition for writ of habeas corpus, which asserted trial counsel was ineffective for failing to object and move for mistrial based on a discovery and/or Brady violation, thus depriving Petitioner of his Sixth Amendment Right to the effective assistance of counsel.

A prosecutor has a duty to learn of any favorable evidence known to others acting on the government 's behalf in the case, including the police, and failing to do so violates a defendant 's constitutional due process right. Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555 (1995). Mr. Pierre's prosecutor failed to learn of and disclose favorable video evidence possessed by the police. Was the reasoning of the State Court contrary to and an unreasonable-application of Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555 (1995), where it concluded that since the prosecutor 's office did not possess the favorable video evidence, due process was not violated?

Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court