Whether a habeas applicant has 'failed to develop the factual basis' of a claim under 28 U.S.C. § 2254(e)(2) when the state court did not hold an evidentiary hearing

QUESTIONS PRESENTED (1) In a federal habeas corpus proceeding where the state court did not hold a hearing or receive evidence to adjudicate facts on a claim, has the habeas applicant “failed to develop the factual basis” of the claim within the meaning of 28 U.S.C. § 2254(e)(2) because the evidence he relied on for summary judgment purposes in federal court was not presented to the state court? (2) Whether, as a matter of law, uniformed police officers attending the trial of a person accused of killing a police officer must actively create a disturbance before their collective presence in a courtroom can create inherent prejudice to a defendant’s right to a fair trial? ii