063476P.pdf   08/16/2007  Jerry Mark  v.  John Ault
   U.S. Court of Appeals Case No:  06-3476
                          and No:  06-3513
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Gruender, Author, with Melloy and Smith, Circuit
   Judges]
   Habeas Case - section 2254. Grant of habeas relief based on Brady
   claims 24 pieces of suppressed evidence is reversed. State decision is not
   contrary to Supreme Court precedent because it failed to address Brady
   claims collectively. Even assuming all the evidence was wrongfully
   suppressed, net effect of minimally exculpatory evidence cannot
   reasonably be taken to undermine confidence in the verdict. Petitioner is
   not entitled to habeas relief under "contrary to" or "unreasonable
   application" provision. Petitioner's motion to expand the record with
   DNA results from tests conducted on four cigarette butts is affirmed
   based on failure to exhaust and that evidence would not clearly and
   convincingly demonstrate that no reasonable factfinder would have found
   him guilty.