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.

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