DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

042192P.pdf   09/14/2005  Don William Davis  v.  Larry Norris
   U.S. Court of Appeals Case No:  04-2192
   Western District of Arkansas   
[PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges] Habeas Case - Death Penalty. District court's failure to provide funds for an independent psychiatric expert to present mitigating evidence at sentencing was not contrary to or an unreasonable application of clearly established federal law when the state expert's assistance met the requirements of Ake v. Oklahoma. Counsel was not ineffective for failing to cite Coulter v. State to support his entitlement to an independent psychiatric examination because there is no reasonable probability that a citation would have led to a different result. Motion to remand for further proceedings is the functional equivalent of second or successive habeas corpus petition and is denied because new rule was not previously unavailable. Judge Bye dissents from holding due process requirements were met by state expert's examination.