D'Agostino v. Budge

MEMORANDUM *

Frank Salvatore D’Agostino, a Nevada state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus. For the reasons stated below, we affirm.1

There was no prosecutorial misconduct arising out of the failure to disclose Brady material. Most of the evidence D’Agostino mentions in his petition was presented to the jury at trial. D’Agostino v. State, 112 Nev. 417, 915 P.2d 264, 267-68 (1996). The evidence not before the jury is cumulative of that which was presented to the jury, so there is no reasonable probability the withheld evidence would have…