Hidden evidence at trial

1. Whether a state appellate court may reject a claim of suppressed evidence on the ground that counsel ’ s failure to use that evidence was “ trial strategy, ” and that “ [f]or all we know ” the evidence “ w[as] available to appellant during discovery, ” where the defendant has told that court the opposite and the court has declined to employ the record-correction procedures available to it — and where the State played a booking recording to the jury, told the jury on the record that “[t]he jury has the video, ” and furnished the defendant, for his appeal, one minute and forty- four seconds of it? 2. Whether the Due Process Clause permits a conviction to rest on a stipulation to an element of the offense — here, the prior conviction that converts R.C. 4511.19(A)(2) into the count carrying the entire sentence — where the stipulation was signed outside the courtroom, the trial court stated on the record that it had never seen the document, no colloquy established the defendant ’ s knowi.