"Will the Supremes take [Another] Discovery Case"

In the wake of the Schuelke-Shields report on the failures in the prosecution of Senator Stevens, Ellen Podgor at White Collar Crime Prof Blog wonders if SCOTUS will take up a pending case that deals with alleged Brady failures. In the title to this post, I wrote, "[another] Discovery Case" because we recently had two cases dealing with Brady failures in New Orleans. I continue to be puzzled as to why Brady failures aren't punished more severely, given that the Consitution and the ethics rules have been very clear on this issue for some time now. You'd think that by this point, all federal proseuctors would have moved to open file discovery simply to avoid the danger of depriving a defendant of constitutional rights.