033183P.pdf   04/11/2005  Andrew Lyons  v.  Al Luebbers
   U.S. Court of Appeals Case No:  03-3183
   Eastern District of Missouri   
   Prisoner case - habeas. Lyons has procedurally defaulted on his claim 
   that he was not competent to stand trial for murder, but even if the claim 
   was not defaulted, the trial court's competency findings were supported 
   by the record; claim of ineffective assistance of counsel at trial 
   concerning counsel's failure to call state hospital doctors who had treated 
   Lyons before trial was properly rejected, as counsel's decision not to 
   pursue a diminished capacity defense was reasonable, based on the 
   evidence; Missouri courts did not unreasonably, nor incorrectly, apply 
   United States Supreme Court precedent in determining the trial court did 
   not err in denying suppression of Lyon's statements based on an alleged 
   inability to waive his right to counsel due to his incompetence; even if the 
   admission of Lyons' confession was error because of incompetence, the 
   error was harmless as the other admissible evidence overwhelming 
   demonstrated Lyons' guilt. 
   [PUBLISHED] [Riley, Author, with J. Gibson and Gruender, Circuit Judges]