williams taylor warden argued february decided april petitioner convicted two capital murders crimes sentenced death virginia affirmed direct appeal later dismissed petitioner state habeas corpus petition sought federal habeas relief requesting among things evidentiary hearing three constitutional claims unable develop proceedings claims prosecution violated brady maryland failing disclose report pretrial psychiatric examination jeffrey cruse petitioner accomplice commonwealth main witness petitioner trial rendered unfair seating juror voir dire revealed possible sources bias prosecutor committed misconduct failing reveal knowledge juror possible bias district granted evidentiary hearing inter alia latter two claims denied hearing brady claim hearing held however fourth circuit granted commonwealth requests emergency stay writ mandamus prohibition based argument evidentiary hearing prohibited amended antiterrorism effective death penalty act aedpa remand district vacated order granting evidentiary hearing dismissed petition determined petitioner satisfy requirements affirming fourth circuit agreed petitioner argument statute apply exercised diligence state held among things diligent failed develop factual basis three claim state concluded petitioner satisfy statute conditions excusing failure develop facts held barred receiving evidentiary hearing held amended aedpa fail ure develop claim factual basis state proceedings established unless lack diligence greater fault attributable prisoner counsel statute bar evidentiary hearing petitioner seeks juror bias prosecutorial misconduct claims bars hearing brady claim failed develop claim factual basis state concedes inability satisfy statute stringent conditions excusing deficiency pp petitioner filed federal habeas petition aedpa effective date case controlled opening clause specifies federal habeas applicant failed develop factual basis claim state proceedings shall hold evidentiary hearing claim unless applicant makes specified showings pp analysis begins language statute although fail sometimes used neutral way importing fault want diligence sense word failed used statute words must given ordinary contemporary common meaning absent indication congress intended bear different import walters metropolitan ed enterprises customary preferred sense fail connotes omission fault negligence part person failed something congress instead intended standard use lieu phrase failed phrase interpretation support keeney whose threshold standard diligence codified opening clause interpretation also avoids putting needless tension authorizes habeas relief prisoner developed claim state prove state decision contrary unreasonable application clearly established federal law determined rejects commonwealth arguments reading treating prisoner lack diligence state prerequisite application renders nullity ii provision requiring prisoner show factual predicate claim previously discovered exercise due diligence anything less understanding contrary aedpa purpose comity finality federalism principles pp petitioner exercise diligence required preserve claim nondisclosure cruse psychiatric report contravened brady report mentioned cruse little recollection murders intoxicated time prepared petitioner tried yet raised petitioner filed federal habeas petition given evidence record state habeas counsel knew report existence potential importance yet failed investigate anything cursory manner satisfied petitioner explanation although investigator federal habeas counsel discovered report cruse file state counsel seen report reviewed file constitutes failure develop factual basis petitioner brady claim state must determine requirements balance satisfied petitioner failure excused subparagraph conditions hearing upon showing clear convincing evidence reasonable factfinder found petitioner guilty capital murder alleged constitutional error petitioner concedes make showing case presented premise accordingly fourth circuit judgment barring evidentiary hearing claim affirmed pp however petitioner met burden showing diligent efforts develop facts supporting juror bias prosecutorial misconduct claims state claims based two questions posed trial judge voir dire first judge asked prospective jurors whether related inter alios deputy sheriff meinhard investigated crime scene interrogated cruse later became prosecution first witness venire member stinnett divorced meinhard marriage four children remained silent thereby indicating answer question second judge asked whether prospective juror ever represented attorneys case including prosecutor woodson stinnett said nothing although woodson represented divorce meinhard later woodson admitted knew stinnett meinhard married divorced stated consider divorced people related recollection involved private attorney divorce stinnett silence first question suggest factfinder unwillingness forthcoming turn bear failure disclose woodson attorney moreover failure divulge material information response second question misleading matter fact woodson counsel coupled woodson reticence omissions whole disclose need evidentiary hearing disagrees fourth circuit conclusion petitioner state habeas counsel discovered stinnett relationship meinhard woodson trial record contains evidence put reasonable attorney notice stinnett nonresponse deliberate omission material information counsel reason believe stinnett married meinhard represented woodson moreover state postconviction relief longer available time facts came light futile petitioner return virginia courts said failed develop facts state reason neglected pursue remedies available virginia law foregoing analysis establishes cause procedural default petitioner may committed presenting claims virginia courts first instance questions regarding standard determining prejudice petitioner must establish obtain relief claims addressed lower courts proceedings courts take due account district earlier decision grant evidentiary hearing based part belief stinnett deliberately lied voir dire pp affirmed part reversed part remanded kennedy delivered opinion unanimous michael wayne williams petitioner john taylor warden writ certiorari appeals fourth circuit april justice kennedy delivered opinion petitioner michael wayne williams received capital sentence murders morris keller keller wife mary elizabeth petitioner later sought writ habeas corpus federal accompanying petition request evidentiary hearing constitutional claims alleged unable develop proceedings question case whether supp iii amended antiterrorism effective death penalty act aedpa stat bars evidentiary hearing petitioner seeks petitioner failed develop factual basis claim state proceedings case subject may receive hearing concedes inability satisfy statute stringent conditions excusing deficiency evening february verena lozano james dropped petitioner friend jeffrey alan cruse near local store rural area cumberland county virginia pair planned rob store employees customers using revolver petitioner stolen course quadruple murder robbery committed two months earlier finding store closed petitioner cruse walked kellers home petitioner familiar couple grown road lived told cruse couple thousand dollars app cruse holding handed gun petitioner knocked door keller opened door petitioner pointed gun two intruders forced way inside petitioner cruse forced keller kitchen discovered keller petitioner ordered captives remove clothing petitioner kept guard kellers cruse searched house money valuables found handgun bullets upon cruse return kitchen petitioner cruse tie captives telephone cords kellers confined separate closets intruders continued ransacking house gathered wanted petitioner cruse decided rape keller keller pleading hurt husband petitioner raped cruse petitioner ordered kellers shower dress take walk cruse leaving petitioner told keller cruse going burn house keller begged allowed retrieve marriage license guarded petitioner prosecution later presented case details murders follows petitioner carrying cruse carrying took kellers thicket dirt road house petitioner standing behind keller cruse behind keller petitioner told cruse shoot count three third count petitioner shot keller head keller collapsed ground cruse shoot keller moment saying want leave witnesses petitioner urged cruse shoot keller ibid cruse fired one shot head despite wound keller stood petitioner shot second time ensure kellers dead petitioner shot two three times returning house loading stolen property kellers jeep petitioner cruse set fire house drove jeep fredericksburg virginia sold property threw remaining property revolver rappahannock river set fire jeep pursuing lead verena james police interviewed cruse fire kellers home petitioner fled florida cruse provided useful information police discovered bodies victims point cruse consulted counsel plea bargain cruse agreed disclose details crimes exchange commonwealth promise seek death penalty cruse described murders made mention act rape commonwealth discovered omission revoked plea agreement charged cruse capital murder petitioner arrested charged robbery abduction rape capital murders kellers trial january cruse commonwealth main witness recounted murders described cruse testified petitioner raped keller shot keller least twice shot keller several times felled cruse bullet also described petitioner mastermind murders circumstances first plea agreement commonwealth cruse revocation disclosed jury app testifying behalf petitioner admitted first shoot keller idea rob store set fire house denied however raping shooting keller claimed shot keller petitioner blamed cruse remaining shots disputed parts cruse testimony jury convicted petitioner counts considering aggravating mitigating evidence presented sentencing phase jury found aggravating circumstances future dangerousness vileness crimes recommended death sentence trial imposed recommended sentence virginia affirmed petitioner convictions sentence williams commonwealth denied certiorari williams virginia separate proceeding cruse pleaded guilty capital murder keller murder keller prosecution asked sentencing spare life testimony petitioner cruse sentenced life imprisonment petitioner filed habeas petition state alleging relevant part commonwealth failed disclose second agreement reached cruse first one revoked new agreement petitioner alleged informal undertaking prosecution recommend life sentence exchange cruse testimony finding merit petitioner claims virginia dismissed habeas petition denied certiorari williams netherland petitioner filed habeas petition district eastern district virginia november addition claim regarding alleged undisclosed agreement commonwealth cruse petition raised three claims relevant questions us first petitioner claimed prosecution violated brady maryland failing disclose report confidential psychiatric examination cruse second petitioner alleged trial rendered unfair seating juror voir dire revealed possible sources bias finally petitioner alleged one prosecutors committed misconduct failing reveal knowledge juror possible bias district granted evidentiary hearing undisclosed agreement allegations juror bias prosecutorial misconduct denied hearing psychiatric report evidentiary hearing held commonwealth filed application emergency stay petition writ mandamus prohibition appeals commonwealth argued petitioner evidentiary hearing prohibited supp iii divided panel appeals granted emergency stay remanded district apply statute petitioner request evidentiary hearing remand district vacated order granting evidentiary hearing dismissed petition determined petitioner satisfy requirements appeals affirmed first considered petitioner argument apply case diligent attempting develop claims state citing decision cardwell greene cert denied appeals agreed petitioner apply exercised diligence state held however petitioner diligent failed develop state factual bases brady juror bias prosecutorial misconduct claims see appeals concluded petitioner satisfy statute conditions excusing failure develop facts held barred receiving evidentiary hearing appeals ruled alternative even apply petitioner ineligible evidentiary hearing cause prejudice standard law see addressing petitioner claim undisclosed informal agreement commonwealth cruse appeals rejected merits result consider whether applied see october petitioner filed application stay execution petition writ certiorari october stayed petitioner execution granted certiorari decide whether precludes receiving evidentiary hearing claims see affirm part reverse part ii petitioner filed federal habeas petition aedpa effective date statute applies case see lindh murphy commonwealth argues aedpa bars petitioner receiving evidentiary hearing claim whose factual basis developed state absent narrow circumstances applicable petitioner develop raise claims juror bias prosecutorial misconduct prosecution alleged brady violation regarding cruse psychiatric report filed federal habeas petition petitioner explains developed claims earlier unaware fault underlying facts consequence petitioner contends aedpa erects barrier evidentiary hearing federal section provision controls whether petitioner may receive evidentiary hearing federal district claims developed virginia courts becomes central point analysis provides follows applicant failed develop factual basis claim state proceedings shall hold evidentiary hearing claim unless applicant shows claim relies new rule constitutional law made retroactive cases collateral review previously unavailable ii factual predicate previously discovered exercise due diligence facts underlying claim sufficient establish clear convincing evidence constitutional error reasonable factfinder found applicant guilty underlying offense terms opening clause statute applies prisoners failed develop factual basis claim state proceedings prisoner failed develop facts evidentiary hearing granted unless prisoner case meets conditions petitioner concedes case comply see brief petitioner may receive evidentiary hearing claims fall outside opening clause hearing state claims petitioner seeks evidentiary hearing says commonwealth end matter view petitioner whether fault neglect still failed develop factual basis claim state proceedings petitioner hand says phrase failed develop means lack diligence developing claims defalcation contends occur since made adequate efforts proceedings discover present underlying facts appeals agreed petitioner interpretation believed petitioner exercised enough diligence avoid statutory bar see agree petitioner appeals failed develop implies lack diligence unlike appeals find lack diligence petitioner part regard two three claims start always language statute see ron pair enterprises section begins conditional clause applicant failed develop factual basis claim state proceedings directs attention prisoner efforts state ask first whether factual basis indeed developed state question susceptible normal course simple yes answer answer commonwealth analysis begin end reading statute factual development state federal habeas may inquire reasons default determining whether opening clause applies agree commonwealth interpretation word failed deny fail sometimes used neutral way importing fault want diligence phrase fail understand argument mean simply understand argument sense word failed used however give words statute ordinary contemporary common meaning absent indication congress intended bear different import walters metropolitan ed enterprises quoting pioneer investment services brunswick associates partnership see also bailey customary preferred sense fail connotes omission fault negligence part person failed something see webster new international dictionary ed defining fail wanting fall short become deficient measure degree failure falling short deficiency lack mission perform webster new international dictionary ed leave possible expected action unperformed condition unachieved see also black law dictionary ed defining fail ault negligence refusal say person failed duty implies take necessary steps fulfill consequence fault bears responsibility failure sense person fault diligent efforts perform act thwarted example conduct another happenstance fault lies circumstances either person interfered accomplishment act one conclude congress used word failed sense described congress intended standard difficulty making intent plain use lieu phrase failed phrase opening clause failure develop factual basis claim established unless lack diligence greater fault attributable prisoner prisoner counsel agree appeals courts appeals addressed issue see baja ducharme miller champion cardwell mcdonald johnson burris parke love morton interpretation opening clause support keeney case decided four years aedpa enactment keeney prisoner little knowledge english sought evidentiary hearing federal alleging nolo contendere plea manslaughter charge knowing voluntary inaccuracies translation plea proceedings prisoner developed facts claim state collateral proceedings omission caused negligence state postconviction counsel see characterized prisoner failure develop material facts state required prisoner demonstrate cause prejudice excusing default receive hearing claim unless prisoner show fundamental miscarriage justice result failure hold federal evidentiary hearing section initial inquiry whether applicant failed develop factual basis claim state proceedings echoes keeney language regarding state prisoner failure develop material facts state keeney borrowed cause prejudice standard applied procedurally defaulted claims see wainwright sykes deciding reason distinguish failing properly assert federal claim state failing state properly develop claim keeney supra evident similarity phrasing keeney opening clause congress intended preserve least one aspect keeney holding prisoners fault deficiency record must satisfy heightened standard obtain evidentiary hearing sure requiring prisoners diligent satisfy provisions rather show cause prejudice eliminating freestanding miscarriage justice exception congress raised bar keeney imposed prisoners diligent proceedings contrary commonwealth position however basis text believe congress used fail different sense keeney otherwise intended statute stringent requirements control availability evidentiary hearing broader class cases covered keeney cause prejudice standard sum opening clause codifies keeney threshold standard diligence prisoners satisfy keeney test excusing deficiency record prior aedpa controlled words used later statute governing subject matter respectful congress processes give words meaning absence specific direction contrary see lorillard pons congress adopts new law incorporating sections prior law congress normally presumed knowledge interpretation given incorporated law least insofar affects new statute see also cottage savings assn commissioner interpreting failed requires lack diligence fault avoids putting needless tension prisoner developed claim state prove state decision contrary unreasonable application clearly established federal law determined barred obtaining relief see williams taylor ante opinion opening clause covers request evidentiary hearing claim pursued diligence remained undeveloped state instance prosecution concealed facts prisoner lacking clear convincing evidence innocence barred hearing claim even satisfy see failed develop clause bear harsh reading attribute congress purpose design bar evidentiary hearings diligent prisoners meritorious claims prosecution conduct went undetected state see indication congress language intended remove distinction prisoner fault one commonwealth argues reading failed develop premised fault empties ii meaning treat prisoner lack diligence state prerequisite application commonwealth contends renders nullity statute diligence provision requiring prisoner show factual predicate claim previously discovered exercise due diligence ii disagree commonwealth misconceives inquiry mandated opening clause question whether facts discovered instead whether prisoner diligent efforts purpose fault component failed ensure prisoner undertakes diligent search evidence diligence purposes opening clause depends upon whether prisoner made reasonable attempt light information available time investigate pursue claims state depend commonwealth upon whether efforts successful though lack diligence bar evidentiary hearing efforts discover facts vain see ii convincing claim innocence see prisoner neglected rights state need satisfy conditions statute later reference diligence pertains cases facts discovered whether diligence important respect ii bears close resemblance applies new rule available time earlier proceedings cf gutierrez ada slip ords people known companions cf also locke slip two parallel provisions congress given prisoners fall within opening clause opportunity obtain evidentiary hearing legal factual basis claims exist time proceedings persuaded commonwealth argument anything less understanding opening clause contrary aedpa purpose principles comity finality federalism doubt congress intended aedpa advance doctrines federal habeas corpus principles must inform shape historic still vital relation mutual respect common purpose existing federal courts keeping delicate balance careful limit scope federal intrusion state criminal adjudications safeguard interest integrity criminal collateral proceedings see coleman thompson case federalism concerns respect federal courts owe procedural rules reviewing claims state prisoners federal habeas corpus mccleskey zant doctrines procedural default abuse writ designed lessen injury state results reexamination state conviction ground state opportunity address prior appropriate time doctrines seek vindicate state interest finality criminal judgments consistent principles give effect congress intent avoid unneeded evidentiary hearings federal habeas corpus recognizing statute equate prisoners exercise diligence pursuing claims principles exhaustion premised upon recognition congress state judiciaries duty competence vindicate rights secured constitution state criminal proceedings diligence require usual case prisoner minimum seek evidentiary hearing state manner prescribed state law comity dictates prisoner alleges continued confinement state conviction violates federal law state courts first opportunity review claim provide necessary relief boerckel state courts rightful opportunity adjudicate federal rights prisoner must diligent developing record presenting possible claims constitutional error prisoner fails contributing absence full fair adjudication state prohibits evidentiary hearing develop relevant claims federal unless statute stringent requirements met federal courts sitting habeas alternative forum trying facts issues prisoner made insufficient effort pursue state proceedings yet comity served saying prisoner failed develop factual basis claim unable develop claim state despite diligent effort circumstance evidentiary hearing barred iii apply statutory test lack diligence relevant stages state proceedings prisoner failed develop facts opening clause excused showing compliance balance subsection requirements find lack diligence one three claims two petitioner exercise diligence required preserve claim nondisclosure cruse psychiatric report contravention brady maryland report concluded cruse ha little recollection murders kellers vague memories intoxicated alcohol marijuana time app report prepared september petitioner tried yet mentioned petitioner filed federal habeas petition attached copy report petitioner explained investigator federal habeas counsel discovered report cruse file state habeas counsel seen reviewed file state habeas counsel averred follows prior filing petitioner habeas corpus petition virginia reviewed cumberland county files petitioner jeffrey cruse reviewed attached psychiatric evaluation jeffrey cruse recollection seeing report cruse file examined file given contents report confident remember trial satisfied explanation late discovery repeated references psychiatric mental health report transcript cruse sentencing proceeding copy petitioner state habeas counsel attached state habeas petition filed virginia transcript reveals cruse attorney described report details alerted counsel possible brady claim cruse attorney said psychiatric report point cruse significantly depressed suffered post traumatic stress symptoms include nightmares sleeplessness sobbing reddening face severe depression flash backs psychological report overwhelmed feelings guilt shame actions numb trying suppress feelings feelings pain sadness description accords contents psychiatric report diagnosed cruse suffering stress disorder cruse recurrent nightmares visualizes face woman killed attempting describe nightmare breaks openly tears face reddens continues feel worthless person hope future thinking suicide constantly describe inability sleep often tossing turning waking feeling fatigued day described neurovegetative symptoms major depression nightmares recurrent nature murders transcript put petitioner state habeas counsel notice report existence possible materiality sole indication counsel made effort investigate report october letter prosecutor counsel requested reports physical mental examinations scientific tests experiments conducted connection investigation offense including limited psychological test polygraph examinations performed upon prosecution witness documents referring relating tests prosecution declined requests absent order appears counsel made efforts find specific report mentioned cruse attorney given knowledge report existence potential importance diligent attorney done counsel failure investigate references anything cursory manner triggers opening clause hold failure develop factual basis brady claim state must determine requirements balance satisfied petitioner failure excused subparagraph conditions hearing upon showing clear convincing evidence reasonable factfinder found petitioner guilty capital murder alleged constitutional error petitioner concedes make showing see brief petitioner case presented us premise reasons affirm appeals judgment barring evidentiary hearing claim conclude petitioner met burden showing diligent efforts develop facts supporting juror bias prosecutorial misconduct claims collateral proceedings virginia petitioner claims based two questions posed jurors trial judge voir dire first judge asked prospective jurors related following people may called witnesses read jurors list names one deputy sheriff claude meinhard bonnie stinnett later become jury foreperson divorced meinhard marriage four children stinnett remained silent indicating answer meinhard officer investigated crime scene interrogated cruse later become prosecution witness trial reading names attorneys involved case including one prosecutors robert woodson judge asked member immediate family ever represented aforementioned attorneys stinnett said nothing despite fact woodson represented divorce meinhard app affidavit provided federal habeas proceedings stinnett claimed respond judge first question consider related claude meinhard voir dire marriage ended longer related woodson earlier representation stinnett explained follows claude divorced divorce uncontested woodson drew papers divorce completed since neither claude contesting anything think woodson represented either one us woodson provided affidavit admitted aware juror bonnie stinnett deputy sheriff claude meinhard aware divorced time woodson stated however mind people related marriage longer related marriage ends divorce ibid woodson also recollection involved private attorney divorce proceedings claude meinhard bonnie stinnett explained hatever involvement divorce time trial completely forgotten even stinnett correct technical literal interpretation question relating meinhard silence first question asked suggest finder fact unwillingness forthcoming turn bear veracity explanation disclosing woodson attorney stinnett failure divulge material information response second question misleading matter fact interpretation woodson acted counsel meinhard divorce coupled woodson reticence omissions whole disclose need evidentiary hearing may petitioner establish stinnett impartial see smith phillips woodson silence infected trial deny due process see donnelly dechristoforo ordering evidentiary hearing juror bias prosecutorial misconduct claims district concluded factual basis claims reasonably available petitioner counsel state habeas proceedings appeals vacated judgment district dismissed petition appeals affirmed theory state habeas counsel discovered stinnett relationship meinhard woodson see disagree appeals point trial record contains evidence put reasonable attorney notice stinnett deliberate omission material information state habeas counsel attempt investigate petitioner jury though prompted concerns different juror app counsel filed motion expert services virginia alleging irregularities improprieties omissions exist ed respect empaneling sic jury based suspicions counsel requested funding investigator examine circumstances relating empanelment jury jury consideration case ibid commonwealth opposed motion virginia denied dismissed habeas petition depriving petitioner opportunity investigate virginia denial motion understandable light petitioner vague allegations vagueness fault petitioner counsel reason believe stinnett married meinhard represented woodson underdevelopment matters attributable stinnett woodson anyone suggest state obligation pay investigation yet undeveloped claims prisoner made reasonable effort discover claims commence continue state proceedings bar developing federal appeals held state habeas counsel diligent petitioner investigator federal habeas discovered relationships upon interviewing two jurors referred passing stinnett bonnie meinhard see brief petitioner investigator later confirmed stinnett prior marriage meinhard checking cumberland county public records see documents supporting petitioner sixth amendment claims matter public record since stinnett divorce became final indeed petitioner federal habeas counsel located documents little reason think state habeas counsel done well surprised say least district familiar standards trial practice hold cases diligent counsel must check public records containing personal information pertaining every juror stinnett woodson silence basis investigation stinnett marriage history section apply petitioner related claims juror bias prosecutorial misconduct note commonwealth argued petitioner sought relief state discovered factual bases claims time appointment federal habeas counsel july filing federal habeas petition november indigent petitioner days following appointment state habeas counsel file petition virginia code ann state habeas counsel appointed august year petitioner investigator federal habeas uncovered information regarding stinnett woodson state postconviction relief longer available time facts came light futile petitioner return virginia courts circumstances though state courts opportunity consider new claims petitioner said failed develop state reason neglected pursue remedies available virginia law analysis suffice establish cause procedural default petitioner may committed presenting claims virginia courts first instance questions regarding standard determining prejudice petitioner must establish obtain relief claims addressed appeals district course proceedings courts light cases smith supra remedy allegations juror partiality hearing defendant opportunity prove actual bias take due account district earlier decision grant evidentiary hearing based part belief juror stinnett deliberately failed tell truth voir dire williams netherland civ action ed apr app iv petitioner alleges commonwealth failed disclose informal plea agreement cruse appeals rejected claim merits unnecessary reach question whether permit hearing claim decision appeals affirmed part reversed part case remanded proceedings consistent opinion ordered