051159P.pdf   04/27/2006  Sheik Mark Moore-El  v.  Al Luebbers
   U.S. Court of Appeals Case No:  05-1159
   Eastern District of Missouri   
   [PUBLISHED] [Colloton, Author, with Riley and John R. Gibson, Circuit Judges]
   Habeas Case - section 2254. Denial of petition for writ of habeas corpus
   is affirmed. District court properly dismissed as procedurally defaulted
   claims that counsel was ineffective for failure to interview witnesses and
   that the state failed to disclose exculpatory evidence and petitioner did
   not show nondisclosure was cause to excuse the default. On claim
   government withheld exculpatory evidence of witness Lenell Charleston,
   state court's finding there was no credible evidence of an agreement
   between witness and state to disclose and thus there was no Brady
   violation is presumptively correct. District court did not abuse its
   discretion in denying additional discovery or evidentiary hearing to
   develop claim because issue should have been developed in state court
   proceedings and petitioner did not show by clear and convincing evidence
   that information would have created a reasonable probability of a
   different result. District court did not abuse its discretion in denying
   motion to amend petition because petitioner did not show a reasonable
   probability that witness would have waived privilege, testified favorable
   or affected outcome of trial.