041714P.pdf   06/21/2005  Robert Osborne  v.  James D. Purkett
   U.S. Court of Appeals Case No:  04-1714
   Western District of Missouri   
   [PUBLISHED] [Bowman, Author, with M. Arnold and Gruender, 
   Circuit Judges] 
   Prisoner case - habeas. Because Osborne has failed to develop in state 
   proceedings the fact that he seeks to establish on federal habeas review, 
   the district court was barred from granting an evidentiary hearing absent 
   Osborne's compliance with the balance of Section 2254(e)(2)'s stringent 
   requirements, and Osborne could not meet that burden as he could not 
   demonstrate that the fact could not have been discovered through the 
   exercise of due diligence; evidence of subsequent attack on the victim 
   was not admitted for the purpose of showing Osborne's propensity to 
   commit rape and the state courts did not unreasonably apply Supreme 
   Court precedent in admitting the evidence; attorney's decision not to 
   impeach a state witness was a reasonable trial strategy and did not 
   constitute ineffective assistance of counsel; claim counsel was ineffective 
   for failing to investigate possible other sexual activity of the victim was 
   procedurally defaulted.