of his conviction for the Duncan murder and found that Polk did not "interrogate” Howard. See State v. Howard, 296 S.C. 481, 374 S.E.2d 284, 288 (1988). Again, we do not attempt to decide these issues because they are not necessary to our resolution of the ultimate question of whether Howard's confessions to Agent Battle and Lieutenant Hitchins are admissible. We only point out these issues in response to the dissent’s decidedly incomplete discussion of them. 14 . In his Reply Brief, Howard contends for the first time that his rights under Edwards were initially violated by Detective Warren, prior to Howard's meeting with Polk. This assertion is barred by his failure to raise it earlier. See Keeney v. Tamayo-Reyes, 504 U.S. 1, 8-12, 112 S.Ct. 1715, 1719-21, 118 L.Ed.2d 318 (1992) (<HOLDING>). Moreover, an examination of Howard’s
holding that when a petitioner seeks an evidentiary hearing in state court to develop the factual basis of a claim but the state court denies such a hearing entitlement to a federal court hearing is analyzed pursuant to preaedpa law rather than the standards set out in  2254e2 holding federal evidentiary hearing not statutorily barred when petitioner had sought to develop factual basis for claim in state court holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint holding that federal court cannot review claim procedurally defaulted in state court absent showing of either cause and prejudice or a fundamental miscarriage of justice holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice