Full opinion text
MEMORANDUM CAMPBELL, District Judge. I. Introduction ■Pending before the Court are Respondent’s Motion For Summary Judgment (Docket No. 27), and Petitioner’s Response (Docket No. 72) to the Motion. For the reasons set forth below, the Motion For Summary Judgment is GRANTED. II. Procedural and Factual Background In 1989, Petitioner was convicted in Davidson County Criminal Court of three counts of first degree murder and one count of burglary in connection with the killing of his girlfriend, Angela Clay, and her two minor daughters, Lakeisha and Latoya. (See State v. Black, 815 S.W.2d 166 (Tenn.1991); Addendum 12). The Petitioner received a death sentence for the murder of Lakeisha, consecutive life sentences for the other two murder convictions, and a fifteen-year sentence for the burglary conviction. Id. Petitioner’s convictions and sentence were affirmed on direct appeal. Id In 1992, Petitioner filed a petition for post conviction relief in the Davidson County Criminal Court. (Addendum 14, Vol. I). After holding an evidentiary hearing, the trial court denied post conviction relief. (Addendum 14, vol. II). That judgment was affirmed on appeal by the Tennessee Court of Criminal Appeals. (Black v. State, 1999 WL 195299 (Tenn. Crim.App. April 8, 1999); Addendum 25). Petitioner’s application for permission to appeal to the Tennessee Supreme Court was denied on September 18, 1999. (Addendum 28). Invoking the provisions of 28 U.S.C. § 2254, Petitioner subsequently filed a Petition, and later an Amended Petition, seeking federal habeas relief on numerous grounds. (Docket Nos. 1, 8). The Respondent has filed the pending Motion seeking dismissal of Petitioner’s claims, and the Petitioner has filed a response to the Motion. The facts surrounding Petitioner’s convictions were described by the Tennessee Supreme Court in its opinion on direct appeal as follows: The police arrived at approximately 9:30 p.m. on Monday evening, March 28, 1988, and found no signs of forced entry into the apartment; the door was locked. Officer James was able to open a window after prying off a bedroom window screen. All the lights were off. He shined a flashlight into a child’s room and saw a pool of blood on the bed and the body of a small child on the floor. He exited the room, and officers secured the scene. Investigation revealed the bodies of Angela and her nine year old daughter, Latoya, in the master bedroom. Angela, who was lying in the bed, had apparently been shot once in the top of the head as she slept and was rendered unconscious immediately and died within minutes. Dr. Charles Harlan, Chief Medical Examiner for Davidson County, testified that she was probably shot from a distance of six to twelve inches and that her gunshot wound was the type usually caused by a large caliber bullet. Latoya’s body was found partially on the bed and partially off the bed, wedged between the bed and a chest of drawers. She had been shot once through the neck and chest. Blood on her pillow and a bullet hole in the bedding indicated she had been lying on the bed when shot. Dr. Harlan testified that she was shot from a distance of greater than twenty-four inches from the skin surface. The bullet path and type of shot indicated that death was not instantaneous but likely occurred within three to ten minutes after her being shot. Bullet fragments were recovered from her left lung. Both victims were under the bedcovers when they were shot. The body of Lakeisha, age six, was found in the second bedroom lying face-down on the floor next to her bed. She had been shot twice, once in the chest, once in the pelvic area. Dr. Harlan testified that she had died from bleeding as a result of a gunshot wound to the chest. She was shot from a distance of six to twelve inches and died within five to thirty minutes after being shot. Abrasions on her arm indicated a bullet had grazed her as she sought to protect herself from the attacker. Bullet holes and blood stains on the bed indicated that she was lying in bed when shot and had moved from the bed to the floor after being shot. There were bloody finger marks down the rail running from the head of the bed to the foot of the bed. The size of the wounds and the absence of bullet casings indicated that a large caliber revolver had been used to kill the victims. One projectile was collected from the pillow where Latoya was apparently lying at the time she was shot. Fragments of projectiles were collected from the wall above Angela’s head; others were collected from the mattress where Lakeisha was found. The receiver from the kitchen telephone was found in the master bedroom. The telephone from the master bedroom was lying in the hallway between the two bedrooms. The Defendant’s fingerprints were the only prints recovered from the telephones. Two of his fingerprints were found on the phone in the hallway, and one was on the kitchen telephone receiver found in the master bedroom. 815 S.W.2d at 171-72. III. The Standards for Considering Summary Judgment Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment may be rendered if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In order to prevail, the movant has the burden of proving the absence of a genuine issue of material fact as to an essential element of the opposing party’s claim. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). In determining whether the movant has met its burden, the Court must view the evidence in the light most favorable to the nonmoving party. Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). In order to defeat the motion, the non-moving party is required to show, after an adequate time for discovery, that there is a genuine issue of fact as to every essential element of that party’s case upon which he will bear the burden of proof at trial. Celotex Corp., 106 S.Ct. at 2553, 106 S.Ct. 2548. In order to create a genuine factual issue, the nonmoving party must show there is sufficient evidence favoring the nonmoving party for the factfinder to return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). Although the nonmovant need not show that the disputed issue should be resolved in his favor, he must demonstrate that there are genuine factual issues that “properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Id. IV. Analysis A. Governing Law The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), which amended 28 U.S.C. § 2254, applies to all habeas petitions filed after April 24, 1996, the effective date of the Act. Mitchell v. Mason, 257 F.3d 554, 560-61 (6th Cir.2001). As Black’s Petition was filed on August 14, 2000, and after the effective date, this case is governed by the AEDPA. 1. Procedural Default Respondent argues that the Court should not reach the merits of several of Petitioner’s claims because Petitioner failed to raise those claims in state court, and has, therefore, proeedurally defaulted those claims. Subsection (b)(1)(A) of 28 U.S.C. § 2254 requires a habeas corpus petitioner to exhaust the remedies available to him in state court before raising a claim in federal court. If the petitioner has no remedy currently available in state court, however, the exhaustion requirement is satisfied, but the claims are procedurally barred. Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 2554-55, 115 L.Ed.2d 640 (1991); Cone v. Bell, 243 F.3d 961, 967 (6th Cir.2001), cert. granted, - U.S.-, 122 S.Ct. 663,- L.Ed.2d-(2001). A petitioner may avoid this procedural bar by showing cause for the default, and that prejudice resulted from the default, or by showing that failure to consider the claims will result in a fundamental miscarriage of justice. Id.; Edwards v. Carpenter, 529 U.S. 446, 120 S.Ct. 1587, 1591, 146 L.Ed.2d 518 (2000). Exhaustion requires that petitioners give state courts “a fair opportunity” to act on claims before they are presented to the federal courts. O’Sullivan v. Boerckel, 526 U.S. 838, 119 S.Ct. 1728, 1732, 144 L.Ed.2d 1 (1999). To satisfy the exhaustion requirement, a petitioner must invoke one complete round of the state’s established review process, including the filing of a petition for discretionary review with the state’s highest court. Id. In this case, Petitioner may no longer present claims to the state courts because those claims would be barred by the statute of limitations. See Tenn.Code Ann. § 40-30-202. Thus, those claims that have not been exhausted are procedurally defaulted because Petitioner has no remedy currently available in state court. The Court discusses Petitioner’s grounds for avoiding the procedural bar in discussing particular claims. 2. Adequate and independent state grounds Respondent contends that the state court’s reliance on certain state procedural rules in rejecting certain of Petitioner’s claims bars federal review of those claims. In order to rely on this procedural default doctrine, Respondent must show that: (1) there is an applicable state procedural rule with which the Petitioner failed to comply; (2) the state rule is one that is firmly established and regularly followed; (3) the rule is an adequate and independent state ground on which the state may rely to foreclose review of the federal constitutional claim. Mitchell v. Mason, 257 F.3d at 562; Coleman v. Mitchell, 244 F.3d 533, 539 (6th Cir.2001). Furthermore, the state rule bars the claim only if the last reasoned decision of the state court invoked the rule as a basis for its decision to reject review of the Petitioner’s federal claim. Id. If the Court determines that the state courts complied with a state procedural rule and that the rule was an adequate and independent state ground, then the petitioner is required to demonstrate that there was cause for him not to follow the procedural rule and that he was actually prejudiced by the alleged constitutional error, or by showing that failure to consider the claim will result in a fundamental miscarriage of justice. Id.; Edwards v. Carpenter, 120 S.Ct. at 1591. 3. State Court Determinations on the Merits When a claim is addressed on the merits by a state court, a federal court may grant habeas relief as to that claim only if the state court’s adjudication “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d). With respect to the state court's factual determinations, the factual findings of a state court are presumed to be correct, and the petitioner has the burden of rebutting the presumption of correctness by clear and convincing evidence. 28 U.S.C. § 2254(e)(1). In Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 1523, 146 L.Ed.2d 389 (2000), the Supreme Court held that a state court decision is “contrary to” Supreme Court precedent if either the “state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law” or “the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts.” The Williams Court held that a state court decision involves an “unreasonable application” of clearly established law if the state court identifies the correct governing legal principle from the Supreme Court’s decisions, but unreasonably applies that principle to the facts of the petitioner’s ease. Id. The reasonableness of the state court’s opinion is judged by an objective rather than subjective standard. 120 S.Ct. at 1521-22. B. Petitioner’s Claims Paragraph 6: Competence of Defendant to Stand Trial In Paragraph 6, Petitioner alleges that he was not competent during his trial, during the appeal, or during the post-conviction proceedings; and that he did not receive a comprehensive competency evaluation during the critical stages of the proceedings against him, in violation of the Sixth, Eighth and Fourteenth Amendments. Respondent argues that Petitioner failed to raise certain aspects of this competency claim at the time of his appeal or during post-conviction proceedings, and that therefore, those aspects of the claim are proeedurally defaulted. Although Petitioner appealed the issue of his competence at trial on direct appeal, Respondent contends that he did not base that claim on the Eighth Amendment, and did not identify the diagnoses that he relies on now. As to the lack of a comprehensive competency evaluation, Respondent argues that Petitioner fails to state a cognizable claim for habeas relief, as Petitioner was entitled only to a competency hearing, and he received such a hearing. The Court is persuaded that Petitioner adequately raised the issue of his competence to stand trial in his direct appeal. On appeal, the Tennessee Supreme Court discussed that issue as follows: The Defendant first contends that the trial court erred in ruling that he was competent to stand trial. Ten days before trial, upon motion of defense counsel, the trial court conducted a hearing for purposes of assessing the Defendant’s competency to stand trial. During the hearing, the trial court stated that he had considered the standard of competence set out in Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960), Mackey v. State, 537 S.W.2d 704 (Tenn.Crim.App.1975), as well as the most recent case of State v. Benton, 759 S.W.2d 427 (Tenn.Crim. App.1988). In Dusky v. United States, supra, the United States Supreme Court described the standard under which a trial court determines whether a Defendant is competent to stand trial: ‘. the test must be whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.’ 80 S.Ct. at 788-89. The Dusky standard was adopted in Mackey v. State, supra, which held: ‘Both Tennessee decisions and the federal constitution prohibit the trial of a defendant whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.’ 537 S.W.2d at 707. The purpose of a competency hearing does not concern the Defendant’s guilt or innocence, or even his mental condition at the time of the crime. In State v. Stacy, 556 S.W.2d 552 (Tenn.Crim.App.1977), the Court described the inquiry as follows: ‘[A] competency hearing is a very narrow inquiry aimed at determining whether one who is charged with a criminal offense is presently competent to stand trial. In this State, a defendant is considered competent to stand trial if he has mind and discretion which would enable him to appreciate the charges against him, the proceedings thereon, and enable him to make a proper defense.’ 556 S.W.2d at 553. The trial judge, in discussing the burden of proof, stated: ‘If the Defendant raises a viable question about competency, then the burden is on the state to prove competency [by a preponderance of the evidence that the Defendant is competent to stand trial].’ The Defendant submits that the evidence adduced at the competency hearing established that he lacked the capacity to understand the nature and object of the proceedings against him and that he had insufficient ability to consult with counsel and to assist in preparing his defense. At the competency hearing the Defendant presented the testimony of Dr. Kenneth Anchor, a licensed psychologist who had tested and interviewed Defendant, and of Ross Alderman, one of the Defendant’s attorneys. The substance of their testimony was that the Defendant did not comprehend the judicial process (e.g., he was unable to distinguish between the roles of the judge and jury), did not understand his counsel’s role, and was unable to fathom the possible consequences of the trial. In their opinion, the Defendant was unable to assist his attorney in the preparation of his defense. The State presented the testimony of a clinical psychologist, a psychiatrist, and a social worker from the Dede Wallace Mental Health Center, all of whom had also interviewed the Defendant. They concluded that the Defendant was competent to stand trial. The consensus of the mental health professionals was that the Defendant’s I.Q. was in the lower end of the normal range (76, according to Dr. Anchor) and that the Defendant was not psychotic or delusional, although he probably suffered a personality disorder of some sort. At the conclusion of the hearing, the trial judge stated, ‘Given the seriousness of this matter, I feel that I’m going to appoint a psychiatrist to do an independent evaluation and report back to the court.’ He appointed Dr. William Ken-ner to do the evaluation and reset the matter for further hearing. Dr. Kenner, after interviewing the Defendant, testified that the Defendant was ‘clearly competent.’ The court thereupon stated, T think that the Defendant presently has the ability to consult with his lawyer with a reasonable degree of rational understanding, and he has a rational as well as factional understanding of the proceedings against him. In my opinion, he is competent to stand trial.’ Later, after the trial had begun and defense counsel had again raised the issue, Dr. Kenner testified at the conclusion of voir dire that after interviewing Defendant a second time, he found the Defendant ‘still competent.’ Dr. Kenner stated that the Defendant not only met but went beyond the minimum threshold for competency. Relying on Dr. Kenner’s evaluation and its own observations of Defendant during voir dire, the trial judge reaffirmed his ruling that Defendant was competent to stand trial. Under the standards enunciated in Dusky, Mackey and Benton, we are of the opinion that the Defendant understood the nature and object of the proceedings against him and was able to consult with and assist counsel in preparing his defense. The evidence does not preponderate against the trial court’s finding of competence. 815 S.W.2d at 173-75. Petitioner argues that the Court should disregard the state courts’ findings of competence under Section 2254(e)(1) because there is clear and convincing evidence that the state court’s conclusion was factually incorrect. Petitioner submits the reports of various experts regarding his mental state. These reports do not, however, state that the Petitioner was not competent at the time of his trial in 1989. For example, Dr. Ruben C. Gur, a neurop-sychologist, states that Petitioner’s mental impairments “would seriously interfere with his ability to keep pace with courtroom proceedings.” (Petitioner’s Exhibit 1, at ¶ 12). Dr. Albert Globus, a psychiatrist, opines that Petitioner’s mental impairments have “rendered him so defective in understanding that he cannot ably and reasonably assist his attorney in his defense.” (Petitioner’s Exhibit 2, at 8). Patty Van Eys, who administered certain tests to the Petitioner, concluded that his shortcomings “would predictably make it quite difficult to understand the true complexities of his current situation.” (Petitioner’s Exhibit 4, at 5). None of these experts state an opinion as to whether Petitioner met the standard for competence at the time of trial. The Court is not persuaded that the evidence submitted by Petitioner is the clear and convincing proof required for this Court to disregard the state court’s findings. Accordingly, Respondent is entitled to summary judgment on this claim. Paragraph 7: Cross Examination of Bennie Clay In Paragraph 7, Petitioner argues that the trial court’s denial of his right to cross examine Bennie Clay about his then-pending drug charges violated his Sixth, Eighth and Fourteenth Amendment Rights. Respondent argues that Petitioner failed to allege the Eighth Amendment as a basis for this claim in state court, and that aspect of his claim is defaulted. As to the exhausted portion of the claim, Respondent contends that the decision of the state court on direct appeal was correct. The Court is persuaded that Petitioner adequately raised this claim in state court. On direct appeal, the court discussed this issue as follows: The Defendant alleges that the trial court erred in not allowing defense counsel to cross-examine a prosecution witness concerning a pending felony indictment against him. Defendant unsuccessfully sought to impeach prosecution witness Bennie Clay by examining him about an indictment pending in Davidson County Criminal Court charging him with possession of cocaine for resale and possession of a firearm during the commission of a felony. Clay had been arrested on these charges in August 1988, several months after his wife and daughters were killed and the bullet had been removed from his shoulder. The Defendant asserts that the evidence of the pending indictment was admissible to impeach the witness by showing bias. Relying on the case of Delaware v. Van Arsdall, 475 U.S. 673, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986), the trial court held that ‘under the unique fact situation in this case’ where the witness’s prior statements to police were consistent with his testimony and were made long prior to his arrest, there was no argument that the pending charge could have affected his testimony and the evidence of the indictment was only ‘marginally relevant’ and would have confused the case. Defendant argues that failure to allow introduction of the pending charges violated his right to confrontation under the Sixth Amendment of the U.S. Constitution and Article I, Section 9, of the Tennessee Constitution, ‘[A] criminal defendant states a violation of the [federal] Confrontation Clause by showing that he was prohibited from engaging in otherwise appropriate crossexamination designed to show a prototypical form of bias on the part of the witness, thereby exposing to the jury the facts from which jurors could appropriately draw inferences relating to the reliability of the witnesses.’ Delaware v. Van Arsdall, 475 U.S. at 680, 106 S.Ct. at 1436; see also Olden v. Kentucky, 488 U.S. 227, 109 S.Ct. 480, 102 L.Ed.2d 513 (1988). The defendant must show that a reasonable jury might have received a significantly different impression of the witness’s credibility had counsel been permitted to pursue his proposed line of cross-examination. Delaware v. Van Arsdall, 475 U.S. at 680, 106 S.Ct. at 1436. Such an improper denial of the right to confrontation is subject to harmless error analysis. Id., 475 U.S. at 681, 106 S.Ct. at 1438. Because of the ‘marginal relevance,’ of this issue and the obvious bias of the witness against the Defendant, if the trial court erred in restricting cross-examination on this point, any error was harmless beyond a reasonable doubt. See State v. Taylor, 668 S.W.2d 681, 683-684 (Tenn.Crim.App.1984). 815 S.W.2d at 177. Petitioner argues that the trial court’s decision that the limited cross examination did not violate the Confrontation Clause was contrary to clearly established law, relying on Davis v. Alaska, 415 U.S. 308, 317, 320, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), VanArsdall, supra, In re Murchison, 349 U.S. 133, 139, 75 S.Ct. 623, 99 L.Ed. 942 (1955), United States v. Havens, 446 U.S. 620, 626, 100 S.Ct. 1912, 64 L.Ed.2d 559 (1980), Olden v. Kentucky, supra, and various other circuit court cases. Petitioner also challenges the Tennessee Supreme Court’s conclusion that any error by the trial court in that regard was harmless as an improper application of harmless error analysis. This Court disagrees, and in any event, determines that Petitioner is not entitled to habeas relief on this claim. Initially, the Court must determine the appropriate standard for a habeas court to apply in reviewing a state court’s harmless error analysis. The state court applied harmless error analysis from prior case law that was rooted in Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Chapman requires that the reviewing court find that an error was harmless beyond a reasonable doubt. For purposes of habeas review, however, the Supreme Court has held that federal courts should apply the harmless error standard set out in Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 1721-22, 123 L.Ed.2d 353 (1993), to make an independent determination of whether constitutional error “had substantial and injurious effect or influence in determining the jury’s verdict.” Subsequent to Brecht, Congress enacted the AEDPA, which appears to require that federal courts review a state court’s harmless error decision only to determine if it is “contrary to or an unreasonable application” of Chapman. The Sixth Circuit has resolved any questions in this regard by requiring application of Brecht on collateral review. See Nevers v. Killinger, 169 F.3d 352, 371-72 (1999), abrogated on other grounds, Williams v. Taylor, supra (“If the petitioner is able to make that showing, he will surely have demonstrated that the state court’s finding that the error was harmless beyond a reasonable doubt — the Chapman standard — was outside the realm of plausible credible outcomes, and therefore re-suited from an unreasonable application of Chapman.”); Bulls v. Jones, 274 F.3d 329 (6th Cir.2001). Accordingly, the Court will apply the Brecht standard, one less onerous than Chapman, to determine whether the trial court’s limitation on the Bennie Clay cross examination had a substantial and injurious effect or influence in determining the jury’s verdict or that it resulted in actual prejudice. Brecht, 113 S.Ct. at 1722. For the reasons pointed out by the Tennessee Supreme Court, this Court concludes that Petitioner has not made such a showing. The indictment against Clay was issued long after he made statements to the police regarding his relationship with the victims and with the Petitioner, and those statements were consistent with his testimony at trial. Furthermore, the direct and cross examination of Clay revealed his bias against the Petitioner, as he testified to his belief that the Petitioner was impeding his attempts to reconcile with Angela Clay, and that Petitioner had assaulted him some time prior to the murders. (Addendum 3, at 1521, 1590-91, 1599). In light of the record as a whole, the Court is not persuaded that preventing disclosure of the pending indictment to the jury resulted in actual prejudice to the Petitioner under Brecht either as to his conviction or his sentence. Paragraph 8: Actual Innocence Paragraph 8 of the Amended Petition alleges that Petitioner’s conviction and sentence violate the Eighth and Fourteenth Amendments because he is actually innocent of first degree murder and of the death sentence. Respondent argues that Petitioner has failed to state a cognizable claim for habeas relief. In Herrera v. Collins, 506 U.S. 390, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993), the Supreme Court assumed, without deciding, that in a capital case a “truly persuasive demonstration of actual innocence” made after trial would render the execution of a defendant unconstitutional and warrant habeas relief if there were no state avenue open to process such a claim. 113 S.Ct. at 869. The Court also noted, however, that claims of actual innocence based on newly discovered evidence have never been held to state a claim for federal habeas relief absent an independent constitutional violation occurring in the underlying state criminal proceeding. 113 S.Ct. at 860. See also Lefever v. Money, 225 F.3d 659 (Table), 2000 WL 977305 (6th Cir. July 6, 2000)(“We also reject defendant’s suggestion that her case falls within the purported Herrera exception,’ even though she claims to have made a truly persuasive showing of her innocence... Assuming that such an exception exists in this context, we conclude that defendant’s ‘newly discovered evidence’ is not compelling evidence of her innocence... ”)(emphasis added); Harris v. Borgert, 12 F.3d 212 (Table), 1993 WL 477008, at * 2 (6th Cir. Nov.18, 1993). Petitioner has not shown that he is entitled to relief based on Herrera, and the Court grants summary judgment to Respondent on this claim. Paragraph 9: Withheld Exculpatory Evidence In Paragraph 9, Petitioner alleges that, in violation of Brady v. Maryland, 373 U.S; 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and its progeny, the prosecution withheld the following exculpatory evidence: (1) ballistics evidence showing that he did not shoot the victims; (2) T.B.I. lab exhibit 8 and the results of the examination of that item; (3) evidence showing that Bennie Clay owned a large caliber weapon and was to receive insurance proceeds following the homicides; (4) evidence indicating that someone other than Petitioner committed the homicides; and (5) physical evidence recovered at the scene that was neither tested nor preserved. In response to the summary judgment motion, Petitioner pursues only the allegation regarding the life insurance evidence, and dismisses the portion of this claim related to the withholding of evidence concerning forensic firearms examination. Respondent argues that Petitioner has failed to specifically identify the evidence alleged to have been withheld, and that, in any event, this claim is procedurally defaulted because it was not raised in state court. In response to the default argument, Petitioner argues, relying on Rickman v. Dutton, 864 F.Supp. 686, 706 (M.D.Tenn.1994), that there can be no legitimate procedural default of false testimony claims because enforcement of the default would reward the State for engaging in deceptive activities. Even if the Court accepts that Rickman states an appropriate basis for avoiding the procedural bar, the decision in Rickman is distinguishable because the withheld evidence in that case demonstrated that a government witness had testified falsely at trial. Id. Petitioner has not suggested that the withheld material in this case demonstrates that a witness testified falsely. Therefore, the Court concludes that Petitioner has not shown cause for his procedural default under Rickman. Alternatively, Petitioner argues that the withholding of Brady material can itself establish cause for a procedural default, citing Strickler v. Greene, 527 U.S. 263, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999), and various circuit court decisions decided prior to Strickler. In Strickler, the Supreme Court held that a Brady claim may be raised for the first time in a federal habeas proceeding where support for the claim was not discovered during the state court proceedings. 119 S.Ct. at 1946-49. As the Respondent points out, however, the record indicates that Petitioner’s post-conviction trial counsel had access to the insurance information as he asked trial counsel about it during the post-conviction hearing. (Addendum 14, at 159)(“... were you aware as to whether the prosecution had ever provided you with a copy of a letter from the — from Mr. Clay’s employer, an insurance company, about the proceeds of life insurance on Ms. Clay and the two children?”) Petitioner does not suggest that he pursued this claim during the post-conviction proceedings, nor does he suggest that case law supports a finding of cause under these circumstances. Therefore, the Court concludes that Petitioner has not shown cause for avoiding the procedural bar under Strickler, and Respondent is entitled to summary judgment on this claim. Paragraph 10: Sufficiency of the Convicting Evidence In Paragraph 10 of the Amended Petition, Petitioner argues that the evidence introduced at trial was insufficient to support his convictions. Respondent argues that the portion of this claim that focuses on the failure to prove the elements of premeditation and deliberation was not raised in state court, and is procedurally defaulted. In addition, Respondent argues that to the extent Petitioner relies on the state law sufficiency standard, he has failed to state a cognizable claim for habe-as relief. To the extent Petitioner relies on federal law, Respondent argues, his argument was correctly rejected by the Tennessee Supreme Court on direct appeal. The Court is persuaded that this claim was adequately raised before the state court, and that the state court applied the federal sufficiency standard, set forth in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in determining whether the evidence supported Petitioner’s convictions under state law, as that law has been interpreted by the state courts. The Tennessee Supreme Court addressed the sufficiency issue as follows: The Defendant next challenges the sufficiency of the convicting evidence. He contends that the trial court erred in overruling his motion for a judgment of acquittal as to all counts of the indictment. He avers that the evidence presented at trial was insufficient to convince any rational trier of fact that he was guilty of the offenses charged beyond a reasonable doubt. Rule 18(e), T.R.A.P. The Defendant submits that there were no eyewitnesses to the offenses for which he was convicted and that the proof against him consists entirely of circumstantial evidence. He further contends that it is reasonable to believe that, at the time of the murders, some person other than himself had possession of the gun with which he shot Bennie Clay in 1986. The State responds that the body of evidence, although circumstantial in nature, unerringly pointed the finger of guilt to the Defendant and effectively excluded every other theory or hypothesis except that of Defendant’s guilt. The principles which govern our review of a conviction by jury are well settled. A jury verdict approved by the trial judge credits the testimony of the witnesses for the State and resolves all conflict in favor of the State’s theory. State v. Williams, 657 S.W.2d 405, 410 (Tenn.1983); State v. Hatchett, 560 S.W.2d 627, 630 (Tenn.1978). On appeal, the State is entitled to the strongest legitimate view of the evidence and all reasonable or legitimate inferences which may be drawn therefrom. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978). A verdict against the Defendant removes the presumption of innocence and raises a presumption of guilt on appeal, State v. Grace, 493 S.W.2d 474, 476 (Tenn.1973), which the Defendant has the burden of overcoming. State v. Brown, 551 S.W.2d 329, 331 (Tenn.1977). Where the sufficiency of the evidence is challenged, the relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Rule 13(e), T.R.A.P. Moreover, a conviction may be based entirely on circumstantial evidence where the facts are ‘so clearly interwoven and connected that the finger of guilt is pointed unerringly at the Defendant and the Defendant alone.’ State v. Duncan, 698 S.W.2d 63 (Tenn.1985); State v. Williams, 657 S.W.2d 405 (Tenn.1983); State v. Crawford, 225 Tenn. 478, 484, 470 S.W.2d 610, 612 (1971). The Defendant was with the victims the evening they were murdered. He had been fighting with Angela Clay just a few days before the killings. The Defendant had previously threatened to kill Angela. The evidence established that the Defendant’s fingerprints were on two telephones that were thrown on the floor of the victims’ apartment. No other fingerprints were found on the telephones. The .44 caliber bullet recovered from Latoya’s pillow, the .44 caliber bullet taken from Lakeisha’s body, a bullet fragment from the automobile driven by Bennie Clay the day the Defendant shot him, and the .44 caliber bullet removed from Bennie Clay’s body had all been fired from the same weapon the Defendant used to shoot Bennie Clay. The Defendant gave inconsistent statements regarding the location of the weapon, telling one person he had sold the gun and telling the police that he had thrown the gun into the Cumberland River. Defendant also gave inconsistent statements regarding his whereabouts the evening of the murders. He first told authorities of an alibi and did not mention entering the victims’ apartment. In a second statement, he admitted entering the apartment and seeing the bodies of the victims. He described the victims, asleep and under the bed-covers, just as the murderer would have seen them when he killed them, and not as one who had come upon the scene after they were dead would have seen them — one victim on the floor, and one partially off her bed. The defendant’s statements were damaging. He stated that after finding the bodies of his girlfriend and her children, he left the apartment, locked the door, and, without reporting the shootings, returned to his mother’s home, where he tried to get some sleep. His excuse for this unusual behavior — he didn’t want to get involved. Based upon the foregoing circumstantial evidence, we have no hesitancy in holding that the evidence against the Defendant Black was sufficient to support the three first degree murder convictions beyond a reasonable doubt. The evidence does not preponderate in favor of his innocence and against his guilt. 815 S.W.2d at 175-76. Although the court did not mention the issues of premeditation and deliberation directly, the court relied on evidence supporting those elements in determining that the evidence was sufficient to support Petitioner’s convictions for first degree murder. Specifically, the court noted that the Petitioner had been fighting with Angela Clay a few days before the killings, and that he had previously threatened to kill Angela. The court also noted in this excerpt, and in describing the facts, that the victims were all in bed, possibly asleep, at the time of the murders, suggesting an absence of passion in committing the murders. Although the Petitioner argues that the Tennessee Supreme Court, subsequent to deciding Petitioner’s case, has refined the definitions of premeditation and deliberation, the Court is not persuaded that the decision by the Tennessee Supreme Court in this case was contrary to the reasoning of those cases. As Petitioner has not shown that the decision of the Tennessee Supreme Court was contrary to, or involved an unreasonable application of clearly established federal law, Respondent is granted summary judgment on Petitioner’s claim in Paragraph 10. Paragraphs 11, 12 and IS: Ineffective Assistance of Counsel In Paragraphs 11, 12 and 13, Petitioner alleges that trial counsel provided ineffective assistance at trial and on appeal, in violation of the Sixth, Eighth, and Fourteenth Amendments. Petitioner alleges that trial counsel was ineffective for failing to: investigate evidence regarding Bennie Clay’s motive and opportunity to commit the offenses (¶ 11(a)(1)); fully investigate the forensic evidence (¶ 11(a)(2)); fully investigate Petitioner’s mental state (¶ 11(a)(3)); investigate a possible insanity defense (¶ (a)(4)); timely and properly investigate and present all evidence showing Petitioner incompetent to stand trial (¶ 11(b)); timely request, obtain and/or effectively utilize expert and investigative services (¶ 11(c)); consult with Petitioner during crucial stages and ensure his understanding (¶ 11(d)); adequately advise Petitioner about his right to testify (¶ 11(e)); develop reasonable trial strategy (¶ 11(f)); object to the trial judge’s statements defining mitigation (¶ 11(g)); adequately question prospective jurors (¶ 11(h)); file pretrial motions regarding the state’s evidence (¶ ll(i)); file pretrial motions challenging use of Petitioner’s pri- or conviction (¶ ll(j)); investigate and present all evidence supporting a claim of innocence of premeditated murder (¶ ll(k)); adequately cross examine adverse witnesses (¶ ll(i)); object to the prosecutor’s prejudicial statements (¶ ll(m)); investigate, present, and argue all mitigating factors (¶ ll(n)); request a jury instruction on the use of prior inconsistent statements or regarding mental impairment as a mitigating circumstance (¶ ll(o)); request all appropriate instructions regarding mitigating circumstances and to object to the trial judge’s definition of mitigating evidence (¶ ll(p)); raise important issues on direct appeal, including prosecutorial misconduct and the constitutionality of the Tennessee death penalty statute (¶ ll(q)); adequately investigate evidence of a possible alibi defense (¶ ll(r)); suppress statements the Petitioner ' gave the police based on mental disturbance and ineffective assistance of attorney Robert Skinner (¶ ll(s)); call Palmer Singleton to testify at the competency hearing (¶ ll(t)); object to Bennie Clay’s trial testimony regarding the assault by Petitioner (¶ ll(u)); demonstrate that Petitioner was mentally retarded (¶ ll(v)); engage in plea negotiations (¶ ll(w)); subpoena Dr. Kenneth Anchor to testify about Petitioner’s mental state at the guilty and penalty phases (¶ ll(x)); fully investigate and present mitigating factors about Petitioner’s character and background (¶ 12(a)); conduct a complete social history investigation of Petitioner (¶ 12(b)); and raise any and all issues presented in the petition on direct appeal (¶ 13). Respondent argues that Petitioner failed to raise in state court the claims set out in subparagraphs (a)(1), (a)(2), (d), (e), (h), (j), (k), (o), and only partially raised the claims set forth in subparagraphs (a)(3), (a)(4), (b), (i), (p), (q), (s), (v). Thus, according to the Respondent, these claims are procedurally defaulted. Respondent points out that Petitioner did. raise the claims set forth in subparagraphs (f), (g), (m), (r), (t), (u), (w), and (x), but contends that those claims were properly rejected by the Tennessee Court of Criminal Appeals. Petitioner argues that he can establish cause and prejudice for his failure to raise any of the claims not raised in state court. First, Petitioner contends that he was not provided an adequate opportunity to investigate and present his claims because the post-conviction trial court denied his request for a continuance. The record indicates that the post-conviction trial court had agreed to hear evidence at two different hearings; the second hearing would be devoted to testimony by the psychiatric experts offered by Petitioner and the State. (Addendum 14, Vol. 5, 4-33). Post-conviction counsel requested a continuance of the first hearing so that he could call certain non-expert witnesses at the second hearing rather than the first hearing. Id. The trial court denied that request. Id. Petitioner made a similar argument in his post-conviction appeal, and after extensive review of the trial court proceedings, the court found that “the petitioner was granted substantial time and money to pursue his post-conviction petition, and nothing in the record preponderates against the trial court’s finding in this respect.” 1999 WL 195299, at *25. Even if the Court assumes that the inadequacy of a state post-conviction process can constitute “cause,” the Court’s review of the record of the post-conviction proceedings does not indicate that Petitioner was denied a full and fair post-conviction hearing. More specifically, the Court is not persuaded that the trial court’s denial of a continuance establishes cause for any procedural default here. Second, Petitioner contends that he was entitled to effective assistance of post-conviction counsel because he could only raise ineffectiveness claims for the first time- in post-conviction proceedings. As there is no constitutional right to effective post-conviction counsel, the Supreme Court has not recognized the ineffectiveness of that counsel as constituting cause for a procedural default. Coleman v. Thompson, 111 S.Ct. at 2566-67; Riggins v. Turner, 110 F.3d 64 (Table), 1997 WL 144214, at *2 (6th Cir. March 27, 1997); Thompson v. Rone, 16 F.3d 1221 (Table), 1994 WL 36864, at *4 (6th Cir. Feb.8, 1994); Mackall v. Angelone, 131 F.3d 442, 448-49 (4th Cir.1997); 28 U.S.C. § 2254(i). Finally, Petitioner argues that denial of relief on his claims would result in a miscarriage of justice under Schlup v. Delo, 513 U.S. 298, 115 S.Ct. 851, 865-67, 130 L.Ed.2d 808 (1995). Under Schlup, a petitioner may avoid a procedural default bar by showing that a constitutional violation has probably resulted in the conviction of one who is actually innocent. To establish the requisite probability, the petitioner must show that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence.” 115 S.Ct. at 867. The Court is not persuaded that Petitioner has met this standard in this case. Accordingly, Petitioner has failed to demonstrate cause for his procedural default, and Respondent is entitled to summary judgment on those claims that were not presented to the state courts. As for the exhausted claims, the Tennessee Court of Criminal Appeals addressed Petitioner’s ineffective assistance of counsel arguments as follows: II. INEFFECTIVE ASSISTANCE OF COUNSEL In order for the petitioner to be granted relief on the ground of ineffective assistance of counsel, he must establish that the advice given or the services rendered were not within the range of competence demanded of attorneys in criminal cases and that, but for his counsel’s deficient performance, the result of his trial would likely have been different. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984); Rose, 523 S.W.2d 930 (Tenn.1975). Furthermore, we may not second-guess the tactical and strategic choices made by trial counsel unless those choices were uninformed because of inadequate preparation. Hellard v. State, 629 S.W.2d 4, 9 (Tenn.1982). Trial counsel may not be deemed ineffective merely because a different procedure or strategy might have produced a different result. Williams v. State, 599 S.W.2d 276 (Tenn.Crim.App.1980). The reviewing courts must indulge a strong presumption that the conduct of counsel falls within the range of reasonable professional assistance. Strickland, 466 U.S. at 690, 104 S.Ct. at 2066. A. Presentation of Alibi The petitioner claims his counsel were ineffective for failing to investigate the alibi defense thoroughly. He asserts that further investigation would have revealed the futility of this defense, and he argues that more suitable defenses could have been advanced. The petitioner states that trial counsel failed to substantiate the petitioner’s story by not interviewing Ms. Walden or her hou'se guests from the night of the murder. Counsel for the petitioner and the state attack each other’s interpretation of the evidence in this respect. The petitioner argues that defense counsel would have discovered that the petitioner did not visit Ms. Walden after 10:00 p.m. the night of the murder, as he claimed, if they had merely talked to her and her house guests before trial. The state contends that there is nothing in the record to suggest that counsel did not interview these witnesses. The petitioner also contends that counsel’s shortcomings regarding these witnesses not only destroyed the alibi defense but affected the petitioner’s credibility during sentencing. At the evidentiary hearing, counsel testified that he believed Ms. Walden probably was interviewed prior to trial, but that he did not know specifically. Furthermore, although Ms. Walden initially testified that she spoke to no one before taking the witness stand, she later testified that she was uncertain whether she talked to counsel. At any rate, defense counsel specifically testified that the investigator assigned to this case would have been responsible for interviewing Ms. Walden prior to trial. Counsel also testified that this investigator was still employed with the public defender’s office. Although the parties differ regarding the significance of the evidence presented, we believe that the petitioner failed to elicit this information from an apparently available witness, the investigator. See Black v. State, 794 S.W.2d 752, 757 (Tenn.Crim.App.1990). The petitioner also argues that counsel’s failure to discover that the petitioner’s mother previously gave the police a contradictory statement significantly hampered their defense. However, the petitioner has not proven by a preponderance of the evidence that defense counsel inadequately prepared this witness. Counsel testified at the evidentia-ry hearing that they were unaware of this tape-recorded statement until after the witness testified at trial. The trial transcript suggests counsel were surprised by this testimony. Moreover, this witness testified that she did not tell defense counsel that she had been recorded. Counsel testified that they did not knowingly place perjured testimony before the jury. The petitioner has failed to show that counsel were deficient in this respect. As the state suggests, counsel cannot be held responsible for the witness’s failure to reveal relevant information. Counsel testified that they met with the petitioner’s family several times before trial. Contrary to the petitioner’s claim, there is nothing in the record to indicate counsel failed to 'gain [their] trust and secure information from [them].’ The petitioner argues that because his counsel failed to investigate the alibi defense adequately, they lost the opportunity to present alternative defenses. He suggests that attacking the state’s evidence in terms of establishing a reasonable doubt or even advancing an admission-based defense would have been superior to the alibi defense. Regarding the admission-based defense, the petitioner claims that counsel could have negated the requisite mens rea for first degree murder if they had adequately explored the petitioner’s mental condition. As for a reasonable doubt defense, defense counsel testified at the evidentiary hearing that they did attempt to portray the victim’s estranged husband as a suspect and show that the victim was obsessed with the petitioner. As for an admission-based defense, aside from the fact that the petitioner denied committing the crimes, there is essentially no evidence that the petitioner was rendered incapable of forming the mental state required for first degree murder. Counsel admitted the difficulties in pursuing a somewhat weak alibi defense, but they testified that they felt locked into this strategy because of the petitioner’s wishes. Cf. Oscar Franklin Smith v. State, No. 01C01-9702-CR00048, [1998 WL 345353] Davidson County (Tenn.Crim.App., June 30, 1998) (holding that although counsel pursued an alibi defense as requested by the defendant, despite the fact that counsel was not confident in the defense, counsel was not ineffective). The failure of a particular defense does not equate to ineffective assistance. See Williams v. State, 599 S.W.2d 276, 279-80 (Tenn. Crim.App.1980). This court must presume counsel acted reasonably, and it cannot review counsel’s decisions solely through the benefit of hindsight. Goad v. State, 938 S.W.2d 363, 369 (Tenn.1996). At the evidentiary hearing, Mr. Alderman testified that he believed that the defense team had sufficient time to prepare for trial under the circumstances. Despite the petitioner’s claims regarding counsel’s investigation, given the convicting evidence, he has failed to show how the outcome of the trial would have changed. Nothing regarding the circumstances surrounding the petitioner’s presence at Ms. Walden’s or his mother’s residence can refute the ballistic or fingerprint evidence or the content of his statement to the police. The same applies to the petitioner’s argument that counsel’s failure to investigate fully the petitioner’s activities on the Saturday before the murders prejudiced his defense. The petitioner had stated that he cleaned the victim’s car and that they were friendly to one another. At the post-conviction hearing, the petitioner elicited from his former employer the fact that the petitioner cleaned a car that Saturday and that there appeared to be no animosity between the petitioner and the woman in the car. We note that the witness could not remember the make of the car or identify the woman, stating only that she was African-American. However, our review of the record does not lead us to conclude that this testimony would have had any bearing on the outcome. B. Investigation of Mental Health Issue The petitioner claims that counsel’s failure to investigate and develop fully the petitioner’s social history and alleged mental defect represents the ineffective assistance of counsel. Specifically, the petitioner contends that the inadequate social history negatively affected the competency and sufficiency issues, as well as his ability to present mitigating evidence. Initially, we note that the issue of the petitioner’s competency to stand trial was determined by the Tennessee Supreme Court on direct appeal. Black, 815 S.W.2d at 173-74. Also, we note that the convicting court accepted the opinion of its own expert, as well as the state’s, in deciding that the petitioner was competent to stand trial, despite the conflicting opinion of the defense expert. It is highly unlikely that a more detailed social history would have altered that court’s finding. This is evident from the testimony of the petitioner’s post-conviction experts that the petitioner understood the various roles of the courtroom players, which is contrary to the trial expert’s opinion. First, we do not believe that the petitioner proved that his trial counsel performed deficiently in investigating and developing evidence regarding the petitioner’s mental condition. Although trial counsel testified that they would now be better equipped to investigate a capital defendant’s background for mitigation purposes, counsel testified that they interviewed the petitioner, his family, and his acquaintances. Counsel also testified that it was their understanding that mental health experts gathered their own social histories to use for their evaluations. In fact, the experts used by the petitioner at the post-conviction hearing testified that normally they would obtain their own social history. Dr. Bernet testified that in complex cases, he would rely on counsel for additional information, but he also stated that it was usually the expert who would make the request. Trial counsel in this case testified that their expert did not request any further background information. Moreover, counsel testified that none of their own interviews disclosed any relevant information concerning the petitioner’s mental health. Counsel’s performance in this case did not fall below that which is required. The petitioner did not offer testimony at the evidentiary hearing from the trial expert regarding the need for a more detailed social history. Moreover, merely because counsel failed to discover indications of partial amnesia does not mean that they were ineffective. The attorneys are not guarantors of the validity of an expert’s results. In any event, the petitioner’s trial expert did not believe the petitioner was competent, yet the convicting court twice rejected the petitioner’s claim. The petitioner insisted upon pursuing an alibi defense. Neither the petitioner nor his family could provide counsel with any information relative to the petitioner’s mental health history. Despite this, counsel presented eight character witnesses along with the testimony of Ms. Jaros. Although Dr. Anchor did not testify, Ms. Jaros was able to convey the substance of Dr. Anchor’s evaluation. Ms. Jaros testified at trial that she thought they had a pretty good impression of the petitioner based upon the information they had. In fact, she informed the jury that the petitioner had ‘these ideas which are falsely held beliefs that might influence his actions in some way.... He does not seem to have a conscious recollection of what happened in March [the time of the murders].’ She indicated that the petitioner exhibited delusional traits. Thus, counsel did pursue and present evidence regarding the petitioner’s mental condition. We believe counsel were not deficient with respect to the petitioner’s mental condition issues. Also, we do not believe that the petitioner has shown prejudice. In Goad v. State, 938 S.W.2d 363, 371 (Tenn.1996), our supreme court listed several factors for courts to consider when examining resulting prejudice in the sentencing phase of a capital trial: the nature and extent of mitigating evidence that was available but not presented, whether substantially similar mitigating evidence was presented, and the effective strength of the aggravators. In the present case, the expert evidence proffered at the post-conviction hearing was similar to that presented to the jury during sentencing. Moreover, given the quality and quantity of the existing aggravating circumstances (T.C.A. § 39-2-203(I)(1), (2), (5), (6), (7), (12) (1982)), we do not believe that such evidence could have altered the verdict. The trial court in the present case found as follows: The Court rejects the petitioner’s conclusions. First, the petitioner suggests that his trial lawyers somehow failed him because they did not convince the trial court that he was incompetent. Furthermore, the contention now is that somehow the lack of a more detailed social history was the primary failing of defense counsel. It is true that the petitioner’s present counsel found a psychiatrist and psychologist who now say that the petitioner may not have been competent when he stood trial in 1989. It is certainly not the test of ineffective assistance of counsel that trial counsel did not find an expert to say what petitioner would have liked him/her to say. See Poyner v. Murray, 964 F.2d 1404, 1418-19 (4th Cir.1992) (counsel not ineffective for failure to find a psychiatrist that agrees with a certain diagnosis). Trial counsel hired an independent psychologist and psychological examiner. These hired experts did an evaluation of the petitioner which included a social history[,] they reached their own conclusions, and the psychologist testified at a competency hearing and gave the trial judge his best opinion. That opinion was at least sufficient to cause the trial judge to appoint a psychiatrist to do an additional evaluation. The fact that the trial court ultimately made, and the Supreme Court of Tennessee affirmed, a finding that the petitioner was competent to stand trial was not the result of the failings of defense counsel. The petitioner also seems to suggest that perhaps trial counsel should have tried an insanity defense or at least put on more evidence of the petitioner’s ‘social history’ and serious mental illness. The petitioner overlooks the testimony of Pat Jaros before the jury. She was able to not only give her own portrait of the petitioner’s mental health, but essentially she repeated Dr. Anchor[’]s analysis. Both Dr. Anchor and Ms. Jaros found no support for an insanity defense. Even petitioner’s present experts did not testify that he had an insanity defense. The petitioner’s present counsel emphasizes and reemphasizes the failure of trial counsel to provide its expert witnesses with an adequate social history. The argument seems to be that if an adequate social history had been provided then the