052478P.pdf   08/22/2006  John Winfield  v.  Don Roper
   U.S. Court of Appeals Case No:  05-2478
   Eastern District of Missouri   
   [PUBLISHED] [Murphy, Author, with Melloy and Colloton, Circuit Judges]
   Habeas Case - death penalty. Claims of ineffective assistance of
   counsel fail. Decision not to call children was reasonable trial strategy
   and would have been cumulative; failure to call mother or grandmother
   was defaulted and defendant did now show prejudice; state court findings
   that failure to investigate other witnesses' testimony was cumulative was
   not unreasonable. State court findings that defendant did not request of
   penalty counsel to testify and had waived right to testify were supported
   by the evidence and not clear error; in any event defendant did not show
   prejudice. Claim of conflict of interest of counsel were not preserved for
   habeas review. Claim is not procedurally barred by court clerk's refusal
   to accept pro se brief; last state court ruling on claim found the claim
   untimely, and claim is procedurally defaulted. In any event, petitioner
   failed to show poor trial strategy was linked to conflict of interest or 
   he suffered an adverse impact from any conflict between his counsel. 
   Request to expand certificate of appealability on issue of mental
   condition is denied.