062907P.pdf   08/17/2007  John Middleton  v.  Don Roper
   U.S. Court of Appeals Case No:  06-2907
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Chief Judge Loken and Arnold,
   Circuit Judges]
   Habeas Case - Death Penalty. Decision denying continuance was not an
   unreasonable application of Supreme Court precedent. Noting the nature
   of the witness testimony, the supreme court reasonably concluded
   petitioner was not deprived of fair trial or effective assistance of counsel. 
   Jury instructions did not preclude jury from giving effect to mitigating
   evidence, as mitigation was considered after the jury made the death
   decision; instructions were understandable and state supreme court did
   not unreasonably apply U.S. Supreme Court law in holding trial counsel
   was not ineffective. Holding that the admission of relevant videotape and
   photograph in uncharged case was not a denial of due process was not an
   unreasonable application of precedents. State's proportionality review
   was properly conducted and the decision did not unreasonably applied
   clearly established federal law.