1) Whether a court may impose a diligence standard rendering any evidence that can be obtained from witnesses per se available via the exercise of reasonable diligence, despite prosecutorial suppression, under Brady v. Maryland , 373 U.S. 83 (1963).

2) Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty verdict to obtain relief for a violation of Brady v. Maryland , 373 U.S. 83 (1963) and for Napue v. Illinois , 360 U.S. 264, 269 (1959) .

Whether a court may impose a diligence standard rendering evidence inadmissible despite prosecutorial suppression under Brady v. Maryland, and whether a defendant must demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty verdict