064068P.pdf   08/26/2009  Jimmy Don Wooten  v.  Larry Norris
   U.S. Court of Appeals Case No:  06-4068
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Melloy, Author, with Riley and Bright, Circuit Judges]
   Prisoner case - habeas. Wooten's claims of ineffective assistance of
   counsel at the guilt and penalty phases of his capital conviction were
   procedurally defaulted; post-conviction counsel's misconduct and errors
   could not be considered an external impediment that would excuse
   Wooten's failure to develop the record on the issues in the state courts;
   attorney's actions, while deplorable, did not destroy the agency
   relationship between counsel and client and did not excuse the failure to
   develop the record or show cause for the procedural default; actual
   innocence claim rejected as the district court did not err in determining
   that the evidence current counsel tendered would not create a reasonable
   probability that a jury would have acquitted Wooten or find the death-
   qualifying aggravator inapplicable; state court Motion to Recall and
   Reopen is not a proper vehicle for exhausting state remedies in Arkansas
   or creating a record that might support federal habeas claims; as a result,
   the district court did not err in rejecting Wooten's Rule 59(e) motion and
   his motion to stay federal proceedings; state court's denial of the Motion
   to Recall and Reopen provides no basis for federal relief. Judge Bright,
   concurring.