State Court's Denial of Brady Claim Upheld

Snow v. Sirmons, -- F.3d --, 2007 WL 39205 (10th Cir. ) - OK courts' denial of relief on Brady claim did not constitute an unreasonable application of federal law because the evidence in question was not exculpatory and would not have altered the trial outcome. The state did not deny due process by failing to preserve potentially useful videotapes; there was no showing of bad faith and the exculpatory value of the evidence was not apparent before it was destroyed. State court's resolution of multiple IAC claims was not objectively unreasonable even if the Tenth might have decided otherwise. Petitioner did not establish prejudice re: counsel's failure to seek suppression of in-court IDs and failure to call certain witnesses because he failed to show a suppression motion would have been granted and that the witness testimony would have altered the outcome.