Cite as: 527 U. S. 263 (1999)
Opinion of the Court
have obtained a similar order from the state court. We find neither factor persuasive.
Although it is true that petitioner's lawyers—both at trial and in post-trial proceedings—must have known that Stoltzfus had had multiple interviews with the police, it by no means follows that they would have known that records pertaining to those interviews, or that the notes that Stoltzfus sent to the detective, existed and had been suppressed.27
Indeed, if respondent is correct that Exhibits 2, 7, and 8 were in the prosecutor's "open file," it is especially unlikely that counsel would have suspected that additional impeaching evidence was being withheld. The prosecutor must have known about the newspaper articles and Stoltzfus' meetings with Claytor, yet he did not believe that his prosecution file was incomplete.
Furthermore, the fact that the District Court entered a broad discovery order even before federal habeas counsel had advanced a Brady claim does not demonstrate that a state court also would have done so.28 Indeed, as we understand Virginia law and respondent's position, petitioner would not have been entitled to such discovery in state ha-27 The defense could not discover copies of these notes from Stoltzfus herself, because she refused to speak with defense counsel before trial. Id., at 370.
28 The parties have been unable to provide, and the record does not illuminate, the factual basis on which the District Court entered the discovery order. It was granted ex parte and under seal and furnished broad access to any records relating to petitioner. District Court Record, Doc. No. 20. The Fourth Circuit has since found that federal district courts do not possess the authority to issue ex parte discovery orders in habeas proceedings. In re Pruett, 133 F. 3d 275, 280 (1997). We express no opinion on the Fourth Circuit's decision on this question. However, we note that it is unlikely that petitioner would have been granted in state court the sweeping discovery that led to the Stoltzfus materials, since Virginia law limits discovery available during state habeas. Indeed, it is not even clear that he had a right to such discovery in federal court. See n. 29, infra.
285
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