1. What constitutes as 'new' evidence, and whether the state
prisoner made a proper showing of actual innocence under
Schlup?

2. Whether the Virginia state prisoner overcame AEDPA barrier and
satisfied the merits of his claim that defense counsel
provided ineffective assistance by failing to object to the
prosecutor's use of a false 911 audio recording that was
not even admitted into evidence at trial.

3. Whether the Fifth Amendment right to silence bears upon the
defendant's lack of remorse; and
whether defense counsel provided ineffective assistance by
failing to object properly to a guilt-phase jury instruction
making a conclusive presumption of "the defendant's lack of
remorse".

What constitutes as 'new' evidence