D'Agostino

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.

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 affected the outcome. See United States v. Bagley, 473 U.S. 667, 682 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985). Finally, there is no evidence in the record to support D’Agostino’s contention that Lakel received a deal from the state after testifying at the trial.

D’Agostino asserts many instances of ineffective assistance of trial counsel, but each of these claims fails the Strickland test. See Strickland v. Washington, 466 U.S. 668, 687-90 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). D’Agostino did not establish prejudice as a result of his counsel’s alleged failure to investigate Michael…