James Snow v. Walter Nicholson, Warden

May courts add a diligence requirement to the current requisite elements for proving a due process violation under Brady v. Maryland, 373 U.S. 83 (1963)? This Court’s long-standing case law requires defendants to prove three elements to support a due process claim under Brady: that the evidence at issue was favorable to the accused, that it was suppressed by the state, and that prejudice ensued. Courts of appeals are divided on the question presented in this petition, whether a defendant’s diligence in trying to uncover the suppressed evidence should also be required. Can a claim under Brady v. Maryland be based on the government’s suppression of inadmissible exculpatory materials, such as the results of polygraph testing, or must the evidence suppressed be admissible at trial in order to support a due process violation? Courts of appeals are also split on this question. (i)