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103462P.pdf   09/06/2013  Wesley Purkey  v.  United States
   U.S. Court of Appeals Case No:  10-3462
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Bye and Shepherd, Circuit Judges] 
   Prisoner case - Habeas. Claim that Purkey received ineffective assistance 
   of counsel during the penalty phase of his death penalty trial was 
   properly rejected without an evidentiary hearing as his proffered 
   evidence, taken as true, failed to establish that his trial counsel's 
   allegedly deficient performance - failure to adequately prepare and 
   present certain expert testimony, failure to adequately investigate and 
   prepare two mitigating witnesses and failure to develop and present other 
   mitigating evidence - was prejudicial to Purkey.