063260P.pdf   02/01/2008  Cecil Clayton  v.  Donald P. Roper
   U.S. Court of Appeals Case No:  06-3260
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Bowman, Circuit Judges]
   Prisoner case - habeas. District court did not abuse its discretion in
   denying Clayton a hearing as to his present competency as the court had
   before it extensive medical data and detailed opinions from the doctors
   who had examined Clayton; court's finding Clayton was competent to
   proceed with his habeas proceeding was not clearly erroneous; district
   court did not err in refusing to provide additional funds for Clayton's
   experts as he had already been examined by two experts - one of his own
   choosing and one from the Federal Bureau of Prisons; Clayton's due
   process rights were not violated by the prosecution's closing arguments;
   even if the court erred in submitting two inconsistent aggravating factors
   - random-killing and peace-officer - in this murder prosecution, the error
   does not require reversal as Clayton cannot point to any improper
   evidence which was admitted because the court included both
   aggravators; since Clayton cannot point to an independent constitutional
   violation that occurred during his state criminal proceedings, the court
   was without jurisdiction to decide his claim of actual innocence. Judge
   Bye concurring.