Full opinion text
OPINION GWÍN, District Judge. On January 16, 2003, Petitioner Brett Hartman (“Hartman”) petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Hartman, an inmate in the custody of the Mansfield Correctional Institution of Ohio and under a sentence of death seeks this writ, saying that both his conviction and his sentence violate the United States Constitution. Because the Court concludes that Hartman’s claims are without merit, the Court DENIES Hartman’s petition. I. BACKGROUND On April 14, 1998, a Summit County, Ohio jury convicted Petitioner Brett Hartman of aggravated murder with an aggravated circumstance specification of kidnapping. The jury also found Hartman guilty of tampering with evidence and kidnapping. On May 18, 1998, the jury sat for a mitigation hearing and, on that same day, recommended a death sentence. On May 22, 1998, the Summit County trial court sentenced Hartman to death. After exhausting his direct appeals and state post-conviction remedies, Hartman seeks a writ of habeas corpus in federal court pursuant to 28 U.S.C. § 2254. A. FACTS The Ohio Supreme Court’s opinion in State v. Hartman, 93 Ohio St.3d 274, 754 N.E.2d 1150 (2001), described the factual background of the murder that underlays this case: Defendant met Winda Snipes at a bar in Akron, Ohio, sometime during 1997. Subsequently, they engaged in sexual intercourse on several occasions. During the late afternoon of September 9, 1997, defendant went to Snipes’s apartment and brutally murdered her by tying her to the bed, stabbing her one hundred thirty-eight times, slitting her throat, and cutting off her hands. ' Defendant was convicted of aggravated murder, kidnapping, and tampering with evidence, and sentenced to death. In order to establish defendant’s guilt, the state introduced statements defendant had made to the police and to a fellow inmate in jail, and the testimony of a coworker that defendant mentioned cutting off a victim’s hands as a way to eliminate evidence in the O.J. Simpson case. The state also introduced as evidence defendant’s bloody tee-shirt and Snipes’s watch recovered .from defendant’s apartment, and forensic testimony linking defendant to the murder. State’s case Around 2:20 a.m. on September 9, 1997, defendant met Snipes at the Bucket Shop, an Akron bar. Defendant kissed Snipes on the cheek and they talked. Thereafter, defendant and Snipes left the bar and they went to her apartment across the street. Around 3:00 a.m., David Morris, an acquaintance of defendant, and Snipes, left the Inn Between, another Akron bar. While walking past Snipes’s apartment on his way home, Morris observed Snipes and -defendant through the upstairs window of her apartment. Morris testified that Snipes .was .yelling at defendant about touching stuff that was not his. Defendant closed the window blinds and “obviously she wasn’t very happy about it” because she “scolded” him and reopened the blinds. That afternoon, at around 4:30 p.m., Snipes was observed crossing a street in a nearby business district. She was never seen alive again. Defendant had the day off from work on September 9. According to Richard Russell, a bartender at the Inn Between, defendant entered the bar at around 8:00 p.m. and appeared nerv.ous and hyper, and talked excessively. Thereafter, defendant was in and out of the bar five to six times between 9:00 and 10:30 p.m. Defendant first contacted the police on September 9 with a series .of anonymous 911 calls, which he later admitted to. His first 911 call at 9:59 p.m. reported the location of a mutilated body. The police officers dispatched to Snipes’s address entered Snipes’s apartment building and checked around, but left after finding nothing unusual. Meanwhile, defendant viewed the police unit’s arriv,al and departure while hiding behind a tree across the street. Defendant then made another 911 call telling the police to return to the apartment building and provided further instructions on the body’s location. Akron police officers responding to this call entered Snipes’s unlocked apartment and found her - naked, mutilated body lying on the bedroom floor. Snipes’s leg was draped across the bed, a pair of pantyhose tied her ankle to the bed leg, and a white plastic chair was on top of her body. Snipes’s hands were cut off and have never been found. Around 10:45 p.m., defendant was at the Inn Between with Morris, while police units were across the street investigating Snipes’s murder. Morris, having learned that Snipes had been murdered, .suggested to defendant that he should talk to the police, since Morris had observed defendant at Snipes’s apartment the previous evening. Shortly before midnight, defendant approached Detective Gregory Harrison while he was at a mobile crime lab parked outside Snipes’s apartment. • Defendant walked up to Harrison and said, “I hear it’s pretty bad in there,” and asked if Harrison had “ever seen anything so gruesome.” Later that evening, defendant approached Harrison a second time and spontaneously mentioned that Snipes was a whore, “that she slept around a lot,” and that “he had slept with her and he had even slept with her the night before at 3:00.” In their final contact at around 3:00 a.m., defendant was “kind of mumbling to himself’ and Harrison heard defendant say that “she was a whore, she was a big whore, she got what she deserved.” Between 11:30 p.m. and 12:15 a.m., defendant also approached Akron Police Lt. John A. Lawson near the murder scene and, “rather abruptly said, You’re going to find my semen in her and my prints over there.’ ” When Lawson asked why, defendant said he “had been with her earlier that morning, the morning of the 9th,” and that he had sex with her. At 12:15 a.m. on September 10, defendant spoke to Detective Joseph Urbank in front of the apartment building. Defendant began their conversation by announcing that “he had sex with the victim the night before.” Moreover, defendant said he did not know her name but “only knew her' as psycho bitch and that everybody knew that if you got drunk and were horny you went to go see her, you went to go see psycho bitch.” Defendant also told Urbank that he went to Snipes’s apartment at 2:30 a.m. on September 9, and “she started dancing a little bit.” He “lifted her onto the bed, undressed her,” and “they started having vaginal intercourse.” Defendant said that he was disappointed because Snipes refused to have anal intercourse, and he left her apartment around 3:30 a.m. However, defendant claimed that he did not know anything about the murder until the bartender at the Inn Between told him about it on the evening of September 9. Around 6:00 a.m. on September 10, police took defendant to the Akron police station, where he was interviewed by Lawson and Urbank. During his interview, defendant denied making the 911 calls, and denied hiding behind a tree across from Snipes’s apartment. Then, defendant changed a part of his story and admitted hiding behind a tree near the murder scene. Following the September 10 police interview, the police searched defendant’s apartment with his consent. The police seized defendant’s bloody tee-shirt from underneath the headboard of his bed, a pair of his jeans, and his boots. Police found a knife on his dresser and Snipes’s wristwatch on defendant’s bed stand. Police took defendant to the police station after the search of his apartment. While awaiting transfer to the Summit County Jail, defendant approached Detective John R. Gilbride and blurted out, “I was the one that called the police” and “I’m the ohe that found the body.” Defendant told Gilbride he had been sexually involved with Snipes since February 1997, and had sexual intercourse with Snipes during the early morning hours of September 9. Defendant stated that “after having sex the psycho bitch threw him out of the apartment stating that her boyfriend was coming over.” He left around 3:30 a.m. and returned to his own apartment! According to Gilbride, defendant said that he slept until 6:00 p.m. on September 9, and then took the bus to the Inn Between bar around 7:30 p.m. Gilbride testified that while going into the Inn Between bar, defendant noticed a light on in Snipes’s apartment and decided to visit her. According to Gilbride, defendant gained entry to the apartment through an unlocked door and claimed that he found her dead body in her bedroom. Defendant said that he unsuccessfully tried to pick her body off the floor, noticed that her hands had been cut off, and “freaked out.” Thinking “I’m going to get busted for this,” defendant washed her blood off his hands and clothes, tried wiping down everything he touched, removed evidence linking him to her apartment, and went home. Snipes was stabbed one hundred thirty-eight times. Bruising on her ankles indicated that she was alive when she was tied to the bed. Additionally, sperm was found in her vagina and anus. The medical examiner concluded that Snipes had died from strangulation and a slit throat either in the late afternoon or early evening of September 9. Police found defendant’s bloody fingerprint on the leg of the white chair draped over Snipes’s body, and police found another of defendant’s fingerprints on Snipes’s bedspread. An expert witness testified that the long linear blood patterns found on defendant’s tee-shirt and Snipes’s bedspread were applied by a long-bladed knife. Further, the blood patterns found on defendant’s tee-shirt were applied while the tee-shirt was lying flat, and not while defendant was wearing it. At trial, the prosecution introduced a set of defendant’s knives, including a meat cleaver, a knife, and a knife sharpener that defendant kept at the Quaker Square Hilton, where he worked as a chef. Christopher Hoffman, a Hilton co-worker, testified that he talked to defendant in August 1997 about the O.J. Simpson trial. According to Hoffman, defendant said that Simpson could have disposed of evidence against him by cutting off the victim’s hands and eliminating “fibers and hair and skin that might be found on the fingernails.” Bryan Tyson, a fellow inmate at the Summit County Jail, testified that during a jailhouse conversation, defendant admitted that he had killed Snipes. According to Tyson, defendant said that “he pushed himself on her, something in his mind snapped, she was hitting him, he lost his temper, did things he regretted, killed her.” Then, defendant said that he had “tried to make it look like a burglary,’’admitted cutting off Snipes’s hands, and mentioned a hacksaw, and jokingly said “ ‘Don’t leave home without it,’ like the credit card commercial.” Defense case Jessica O’Neill, an acquaintance of defendant, talked on the phone with defendant on September 9. Phone records showed that O’Neill called defendant’s apartment and spoke with him at 3:12 p.m. and 4:50 p.m. She also claimed that she talked with defendant on the phone around 6:30 or 7:00 p.m. The defense also introduced evidence suggesting an alternative suspect, Jeff Nichols. Mr. Nichols lived across the hallway from Snipes’s apartment until he moved out of his apartment around September 1,1997. Nichols worked as a handyman for the apartment building and had access to the landlord’s keys to other apartments. In January 1997, Jeffrey Barnes, a friend of Snipes, was visiting Snipes’s apartment when Nichols came to her door. According to Barnes, Nichols “got up right to her door and then he said, ‘Slit the bitch’s throat, cut her up,’ and called her a slut and all other kind of vulgar names.” Barnes reported this incident to the police upon hearing about Snipes’s murder. On an evening prior to September 1, 1997, Linda Zarski, a neighbor in Snipes’s apartment building, heard Snipes pounding on Nichols’s door and screaming that she wanted her shirt. On another occasion prior to the murder, Linda Kinebrew, a neighbor living at the apartment, “heard [Nichols] arguing, telling [Snipes] to let him in and she wouldn’t.” Carol Parcell, defendant’s mother, provided an alibi. Defendant lived at his mother’s apartment, and Parcell claimed that when she came home on September 9 at 6:15 p.m., her son was sleeping in his bedroom. According to Parcell, defendant woke up at 7:00 p.m., got ready, left the apartment at 7:30 p.m., and returned to the apartment around 8:15 p.m. Defendant testified on his own behalf. He admitted having sex with Snipes several times over the past year and during the early morning hours of September 9 when he was at Snipes’s apartment. After having sex, defendant returned to his apartment at about 3:30 a.m., slept until 6:15 p.m., left his apartment at 7:35 p.m., and returned to the Inn Between bar. Before reaching the Inn Between, defendant noticed that Snipes’s bathroom light was on at her apartment, and he decided to visit her to see if he could “get laid.” Defendant entered Snipes’s apartment through an unlocked door and found her mutilated body in the bedroom. Defendant tried to “get her up and put her on. the bed to see if there was anything else I could help with.” Defendant “freaked out” after noticing Snipes had no hands and realized he “could get in a lot of trouble” if he was placed at the scene. Thus, he washed her blood off his hands, wiped down the cupboards, chair handles, and anything else he might have touched, gathered whatever items he could find that belonged to him, and left Snipes’s apartment. Defendant “ran home” and threw the items taken from Snipes’s apartment into a nearby dumpster. Upon arriving home, defendant changed his shoes and hid the bloody tee-shirt so that his mother would not find it. Thereafter, defendant hurried back to the Inn Between bar and started drinking. When he was “semi-intoxicated,” defendant made the anonymous 911 calls reporting the location of Snipes’s body, admitted standing behind a tree watching the police arrive at Snipes’s apartment, and later approached the police to report that he had been at the apartment the previous evening. Defendant introduced photographs taken of his naked body following his arrest to show the absence of bruises and injuries. Defendant explained that a cut on his elbow had occurred at work while he was moving crates. Defendant acknowledged talking with Chris Hoffman about the O.J. Simpson case but did not recall discussing anything about cutting off a victim’s hands. Defendant knew Tyson as a fellow inmate but denied making any jailhouse admissions that he murdered Snipes. Id. at 1158-1161. B. TRIAL PROCEEDING In a two-count indictment, the Summit County Grand Jury indicted Pétitioner Brett Hartman on September 16, 1997. Count One of the indictment charged Hartman with Aggravated Murder under Ohio Rev.Code § 2921.12(A). Count One did not carry a death penalty specification. Count Two charged Petitioner with Tampering With Evidence under Ohio Rev. Code § 2921.12(A)(1). On October 16, 1997, the state of Ohio filed a superceding indictment with two additional offenses. Count Three, which carried a death penalty specification under Ohio Rev.Code § 2929.04(A)(7), charged Petitioner with Aggravated Murder under Ohio Rev.Code § 2903.01(B). Count Four, (incorrectly identified in the superceding indictment as count two), charged Petitioner with the kidnapping of Ms. Snipes, violating Ohio Rev.Code § 2905.01(A). Ultimately, the jury would find Hartman guilty on all counts and specifications as charged in the superceding indictment. On April 14, 1998, the trial began. During voir dire, the trial court asked nearly every juror whether he or she had read or heard about the homicide before reporting for jury duty. The trial court attempted to prompt the jurors’ memories by describing the victim as having her “hands chopped off’ and a murder that was “bloody and gruesome.” Defense counsel did not object to the use of these descriptions and phrases during the voir dire. As will be discussed in an assignment of constitutional violation, during voir dire Juror Enders revealed that her daughter-in-law had previously served on an out-of-state jury that had acquitted a defendant of a murder charge. In the out-of-state trial involving her daughter-in-law, the victim’s family then harassed several jurors following the not-guilty verdict by writing on their cars and making phone calls. Juror Enders stated that the incident remained on her mind. However, she maintained that she did not think the incident would intimidate her from following the law in the Hartman case. Hartman’s trial counsel did not question other prospective jurors regarding the experience of Juror Enders’ daughter-in-law to learn if the story negatively affected those jurors. Hartman’s trial counsel did not challenge Juror Enders. The following week, on April 21, 1998, the guilt phase of the trial began. The State produced twenty-four witnesses. The Court summarizes the relevant portions of the testimony below: Kathryn Snipes-Gaskey, the victim’s sister, took the stand and testified at length about the victim’s character, background, and close family relationships. Ms. Snipes-Gaskey identified and described, in detail, a photo collage of the victim and her family displayed at the funeral. Ms. Snipes-Gaskey referred to photos that showed the victim’s “last Christmas at home.” Ms. Snipes-Gaskey also testified that the victim’s parents and grandparents received letters from Winda Snipes that she had written before, but that were not delivered until after, her death. Brigid Berrodin, a bartender and manager of the Bucket Shop, testified that Hartman came into the bar around 2:30 a.m. on the morning of September 9, 1997. Berrodin testified that Hartman walked up to Ms. Snipes, gave her a kiss on the cheek, and talked to her. Ms. Berrodin recounted that Hartman and Ms. Snipes left through the back door to the alley while discussing their plans to get some beer. Next, the State called David Lessem, the owner of Summit Tailoring in Highland Square. Mr. Lessem knew Ms. Snipes from the neighborhood. Mr. Lessem testified that, on Tuesday, September 9, 1997, he saw Ms. Snipes in front of his store at 4:30 p.m. Lessem recalled that this was the exact time because he listens to the financial news at the same time every day. Richard Russell, a bartender at the Inn Between, testified next. Mr. Russell resides directly behind the Inn Between on 25 South Highland Street. Witness Russell recounted that, around midnight, September 9, 1997, Hartman asked if Russell knew where he could get some drugs. In response, Russell said that he did not. Within the same conversation, Witness Russell recounted that Hartman “said that he was going to fuck her [Ms. Snipes].” After the bar closed, Russell related that Hartman exited through the back door. Later, Russell recounted that he saw a dark figure through a window of Ms. Snipes apartment and heard loud music coming from the apartment. Witness Russell testified that, the following day, Tuesday, September 9, 1997 around 8:00 p.m., Hartman returned to the Inn Between bar and-was acting “more hyper than usual.” Russell attested that he saw Hartman leave the bar about five or six times that night anywhere between 9:00 and 11:00 p.m. Russell also testified that Hartman said that he was going to talk to the police because he was at Ms. Snipes’ apartment the previous night. Adam Walker, a parts manager at a local BMW dealership, testified next. Witness Walker testified that he called 9-1-1 to notify the police that he had observed a figure, which fit Hartman’s description, hiding behind a tree watching the police investigation. The State then called David Morris, a patron at the bar the night of September 8, 1997. Morris testified that he saw Hartman through Ms. Snipes’ window around 3:00 a.m. on September 9, 1997. He further testified that he had heard music coming from Ms. Snipes’ apartment and that he overheard Snipes scolding Hartman not tó touch things that did not belong to him. Witness Morris also testified that the following night he mentioned to Hartman that he had seen him in the Ms. Snipes’ apartment window in the early hours of September 9. Morris attested that Hartman confirmed that he was in Ms. Snipes’ apartment. Susan Kamvouris, an employee of the Akron Police Fire and Safety Communications Office, then testified. Kamvouris testified that the 9-1-1 emergency line had received four calls on September 9, 1997, relating to Ms. Snipes. She testified that the first call,' a hang-up, was received at 9:57 P.M. from a payphone outside the Walgreens Drug Store at Portage Path and Market Street. Witness Kamvouris further testified that, in response to the hang-up call, the call taker attempted to call back the payphone, but it did not accept incoming phone calls. Kamvouris then testified that the call taker called the Walgreens and asked the clerk to see if anyone needed assistance at the payphone and to describe anyone at the phone. Kamvouris testified that the Walgreens clerk described a black male standing near the pay phone wearing jeans and a white tee-shirt. Witness Kamvouris testified that the second 9-1-1 call, which spoke of a mutilated body, was received at 9:59 P.M. from the same pay phone outside the Walgreens. Kamvouris also testified that, at 10:19 P.M., the Communications Office received a 9-1-1 call from Adam Walker. Kamvouris gave testimony that they received the fourth and final 9-1-1 call at 10:45 P.M. from the Highland Square Theater pay phone. Two Akron police officers who responded to the 9-1-1 calls also took the stand. Officers Laura Jean Natko and Drew Kelly testified that they discovered Ms. Snipes’ body at her 21 South Highland apartment. They testified that they first went to 21 South Highland and knocked on various apartment doors, including Ms. Snipes’ door, before leaving. After initially not discovering anything suspicious at 21 South Highland, they went to investigate 21 North Highland. Upon only finding an abandoned building at this location, they returned to 21 South Highland and did a more thorough investigation. They testified that on their second trip to Ms. Snipes’ -apartment, they heard music coming from inside Snipes’ apartment and that her door was closed, but unlocked. They further testified that after finding the body, Officer Kelly searched a nearby dumpster and found a bag containing beer bottles and a letter addressed to Ms. Snipes. The State then called Gregory Harrison, a detective in the Identification Crime Lab Unit. Detective Harrison testified that Hartman approached him while he was working on processing evidence in the Mobile Crime Lab. Harrison testified that Hartman told him that he had slept with Ms. Snipes the night before and had been with her at 3:00 A.M. In response to their conversation, Detective Harrison directed Hartman to go speak with Detective Ur-bank. Harrison also testified to the various evidence that they recovered from the crime scene. He stated that the alarm clock with its cord cut off had stopped at 4:40 p.m. Detective Harrison testified that the time of death would have been at approximately the same time the clock stopped. Harrison also testified that he discovered a set of keys to Ms. Snipes’ apartment in a nearby dumpster with' a bag filled with beer bottles, ashes, and cigarette butts. John Gilbridge of the City of Akron’s Narcotics Bureau was the next witness to testify. Officer Gilbridge testified that Hartman spoke to him and admitted that he had found Ms. Snipes’ body and that Hartman admitted going back to wipe down the apartment so his finger prints would not be found. He further testified that Hartman admitted removing the beer bottles, cigarettes, ashes, and keys to the apartment and disposing of them in the dumpster behind the apartment. Officer Gilbridge further testified that Hartman stated that he had locked the door to. Ms. Snipes’ apartment when he left. Subsequently, Paul Hlynsky of the Akron Police Department took the stand. Officer Hlynsky testified that he had searched Hartman’s apartment with Hartman’s consent and a valid search warrant. While searching the apartment, Hlynsky testified that he heard Hartman say to his mother that “They will probably strap me to an electric chair for this one.” (Trial Tr. 1224). The State also called John Callahan, a sergeant in the Akron Police Department’s Detective Bureau. Sergeant Callahan testified that he participated in the search of Hartman’s apartment and that he had seized a pair of black Levis that Hartman was wearing the night he was at Ms. Snipes’ apartment. Sergeant Callahan also seized Winda Snipes’ watch, found on the bed stand in Hartman’s bedroom. The State then called Larry White of the Akron Police Department., , Officer White testified that in the in the course of the investigation he went to Hartman’s place of work, the Quaker Hilton Hotel, to search for Ms. Snipes’ hands in the refrigeration equipment. While searching the Quaker Hilton Hotel, Officer White testified that Hartman’s supervisor, John Kocevar, turned over Hartman’s cutlery set which contained four knives. White also testified that upon his investigation of Ms. Snipes’ employer, he discovered that she had picked up her pay check at approximately 1:30 p.m., on September 9, 1997. James Wurster, a forensic scientist of the Ohio Bureau of Criminal Identification and Investigation assigned to the DNA section, testified next. Wurster testified to the various blood and tissue tests he conducted on evidence. Forensic Scientist Wurster testified that there was a small drop of blood on Hartman’s right boot, but law enforcement did not test this blood to learn if it was human blood. Wurster also found that the black Levis tested negative for the presence of blood. The knives seized were also found negative for any blood or tissue. Forensic Scientist Wur-ster stated that blood was found on the white tee-shirt seized from Hartman’s apartment. Wurster further testified that he did not conduct DNA testing on the limited sample of semen found in Ms. Snipes. He also stated that police did not give him the condom recovered from Ms. Snipes’ apartment, nor was he told if the victim had used a condom with Hartman. Next, Cynthia Mayle of the Bureau of Criminal Identification and Investigation took the stand. Criminologist Mayle testified that she identified a latent palm print found on the plastic lawn chair as Hartman’s print. Ms. Mayle also testified that she examined the alarm clock with a magnifying glass that morning- and had determined from that examination that the prints on the alarm clock had insufficient ridge detail to make a positive match. The State then called Patrick Warrick, a latent print examiner for the King County Sheriff, in Seattle, Washington. Warrick testified that he could identify a right thumb print on the bedspread as Hartman’s with the use of digital enhancement equipment. Finger Print Expert Warrick also admitted in his testimony that this was the first time that he had testified with the aid of digital enhancement equipment. Doctor Marvin Platt, the medical examiner for Summit County, testified at length to the nature of Ms. Snipes’ injuries. He found her manner of death to be homicide and her cause of death to be from an incision to the neck and by strangulation by use of the alarm clock cord. He further testified that Ms. Snipes had sex before her death, but that there was no evidence that the sex was forced. Dr. Platt also testified that he found the presence of sperm in her vagina and anal cavity. He explained that sperm heads and tails could be present in the body for 18-20 hours after sex suggesting that the likely perpetrator had deposited the sperm in the late afternoon. Christopher Hoffman, a line cook and prep person who worked with Hartman at The Depot at the Quaker Square Hilton, took the stand next. Hoffman testified that sometime in late August 1997 he initiated a conversation with Hartman regarding the O.J. Simpson murder trial. He testified that Hartman suggested that cutting off a victim’s hands would eliminate the chance of the police finding DNA or fibers underneath the nails. The State- then called Rod Englert, a forensic consultant who specializes in crime scene reconstruction. Englert testified that his blood pattern analysis illustrated that the blood patterns on the white tee-shirt were transfer patterns consistent with a long-blade knife. John A. Lawson, a lieutenant in the Akron Police Department, testified next. Lieutenant Lawson testified that Hartman approached him and told Lawson that “you’re going to find my semen in her and my prints over there.” (Trial Tr. 1535). Lawson also testified that Hartman came down to the station for further investigation where Lieutenant Lawson questioned him regarding the 9-1-1 calls. Hartman admitted that he had found the body and made the 9-1-1 calls. Lawson further testified that he had participated in the search of Hartman’s apartment and during that search that he discovered a bloody shirt behind Hartman’s bed. The State also called William R. Smith, from the Akron Police Department Detective Bureau. Detective Smith testified that he recovered from Ms. Snipes’ apartment clothing, two checkbooks, and the garbage disposal so that they could test it for human tissue or blood. The State then called Bryan Tyson, a prior inmate from the Summit County Jail. Tyson testified that he had a brief conversation with Hartman in the smoking room of the Summit County Jail. Inmate Tyson testified that during this conversation Hartman admitted he had murdered Snipes. Joseph Urbank of the Akron Police Department Detective Bureau was the last witness for the State. Detective Urbank testified that he participated in the investigation and took crime scene photographs and did some neighborhood canvassing. He further testified that he spoke with Hartman and during this conversation Hartman detailed his encounter with Ms. Snipes from the previous night. Detective Urbank also testified that he talked to Jeff Nichols and searched his apartment. Ur-bank further testified that he requested cab records from 9:00 p.m., on September 9, 1997 to 1:00 A.M., on September 10, 1997 to learn if Nichols traveled to or from the Highland Square area. Detective Urbank also testified regarding the incoming and outgoing calls from Hartman’s telephone. He gave testimony that on September 9, 1997, someone made two outgoing calls from Hartman’s home telephone. The caller made the first call at 2:47 p.m. to Jessica O’Neill’s pager number and made the second outgoing call at 2:57 p.m. to Jessica O’Neill’s home telephone (O’Neill is Hartman’s friend). Detective Urbank further testified that Hartman’s home telephone received six incoming telephone calls, on September 9, 1997. The first incoming call was received at 8:02 a.m. from Jessica O’Neill. Hartman received the fourth incoming call at 3:12 p.m. from Jessica O’Neill, and it lasted approximately twenty-four minutes. The sixth incoming call was received at 4:50 p.m. from Jessica O’Neill’s home and lasted for three minutes and thirty-nine seconds. After the presentation of these twenty-four witnesses, the State rested. The Defense produced eight witnesses. In presenting this evidence, Petitioner Hartman gave evidence of an alibi — that he was at his home at the likely time of the killing. Hartman also gave evidence suggesting that a former neighbor of Ms. Snipes may have committed the murder. The Court summarizes the relevant portions of their testimony below. Hartman first called Kimberly H. Cherry, the 9-1-1 operator who worked the night of September 9, 1997. Operator Cherry testified that she received four 9-1-1 calls and that a black male was identified near the pay phone where the first two calls were made. The Defense called Jessica O’Neill, Hartman’s friend who worked with him at Quaker Square. O’Neill testified that she called Hartman at 3:12 p.m. on September 9, 1997 and spoke with him for approximately twenty-five minutes. She also testified that she spoke with him again at 4:50 p.m. and that she had woken him up from a nap. She further testified that nothing was out of the ordinary about Hartman when she spoke with him on those two occasions. Next, Diane Cramer, the personnel and payroll manager at the Quaker Square Hilton Hotel, took the stand. Personnel Manager Cramer testified that the Quaker Square Hilton fired Hoffman on October 9, 1997, for job abandonment. In the defense’s attempt to attribute Snipes’ murder to a neighbor of hers, Linda Kinebrew, one of Snipes’ neighbors at 21 South Highland, testified that Nichols lived in the apartment across from Ms. Snipes until a week before the murder. Neighbor Kinebrew testified that Jeff Nichols had access to all of the apartments because he worked for the landlord doing handy work inside the apartments. Kine-brew also testified that she had overheard Victim Snipes and Jeff Nichols arguing before the murder. Neighbor Kinebrew testified that Nichols was upset with Ms. Snipes because she would not let him into her apartment. Defendant Hartman then called Jeffrey Barnes, an old boyfriend and friend of Victim Snipes. Barnes testified that once when he was at Snipes’ apartment in January 1997, Jeff Nichols came to the apartment door yelling and banging on the door. Former Boyfriend Barnes testified that during this incident Jeff Nichols yelled that he was going to “slit the bitch’s throat, cut her up.” He further testified that he did not know Nichols personally, only though what Winda Snipes had told him. Next, Linda Zarski, a resident of 21 South Highland, testified that Jeff Nichols told her that he and Winda Snipes had a platonic relationship. Zarski further testified that on one particular night, before Jeff Nichols moved out of the apartment building, she overheard Winda Snipes screaming and pounding on Nichols’ door, yelling that she wanted her shirt. Petitioner Hartman then called Carol Parcell, Hartman’s mother. Ms. Parcell testified that she called Hartman twice on September 9, 1997. She also testified that she arrived home from work on September 9, 1997, at approximately 6:15 p.m. to find Hartman sleeping. She further stated that she had an answering machine, but that she did not recall if it was turned on. Ms. Parcell also confirmed that her home phone received six calls from the Inn Between bar between 12:07 a.m. and 1:19 a.m., on September 10, 1997. Ms. Parcell stated that she never heard the phone ring and did not answer those calls. The Defense then called Petitioner Hartman. Hartman testified that, while he remembered talking about the O.J. Simpson trial at work, he did not specifically recall talking to Hoffman or making the comment regrading cutting off the victim’s hands. Hartman further testified that he had sex with Ms. Snipes several times before September 8, 1997. Hartman recounted that he stopped into the Bucket Shop on September 8 and ran into Ms. Snipes. He testified that Ms. Snipes asked him back to her place. Unable to buy carry-out beer from the Bucket Shop, Hartman testified that he ran over to the Inn Between to buy four 16 ounce bottles of Budweiser. Hartman then gave the following account of his encounter with Victim Snipes that evening: The two walked to Ms. Snipes apartment. While in the apartment Hartman picked up a white lawn chair and sat by the window while Ms. Snipes adjusted her hair dye in the bathroom. Upon Ms. Snipes’ request, the two took a walk around 2:30 a.m. After returning to the apartment, Hartman and Snipes danced briefly. Hartman attempted to adjust the blinds, but Snipes told him not to touch anything. After dancing, they undressed each other and had vaginal sex without a condom. Hartman denied having oral or anal sex with Ms. Snipes. He also denied participating in any kind of bondage. Hartman also testified that the phone rang while he was having intercourse with Snipes, but she did not answer it. Hartman testified that Winda Snipes told him, “Well, you got to leave now, my boyfriend is coming over.” (Trial Tr. 1823). Hartman further testified that Ms. Snipes was adamant about getting him to leave immediately, and so he left and arrived home between 3:30 a.m. and 4:00 a.m. Hartman testified that, during the afternoon on September 9, 1997, he spoke twice to Jessica O’Neill. Around 7:45 p.m., Hartman returned to Highland Square. He testified that he went to Winda Snipes’ apartment to “hopefully see if [he] [could] get laid.” (Trial Tr. 1832.) Hartman entered the apartment building through an open side door and went to Ms. Snipes’ apartment. He testified that he heard soft music coming from her apartment and that he knocked and tried the door handle. While on the stand, Hartman gave the following account of what happened next: The door was unlocked. He walked into the apartment and saw a leg draped over the bed. He approached the body, realized that the body had no hands, and “freaked out.” (Trial Tr. 1839). Questioning whether Winda Snipes was still alive, Hartman reached down to find “if I could feel a pulse or something.” (Trial Tr. 1837). Hartman ha,d blood on his hand, so he went into the bathroom to wash off the blood. After washing the blood off, he wiped all the places that he' remembered having touched and started to collect beer bottles, cigarettes, and ashtrays from the previous night. After collecting these items, he grabbed her apartment keys, left, and locked the door behind him. He also testified that he threw the keys and the bag into a dumpster behind Ms. Snipes’ apartment building. Hartman testified that he ran back to his apartment and changed his clothes. Hartman further testified that he was at his apartment for only five or six minutes before he went back to the Inn Between Bar, near the location of Winda Snipes’ apartment. Hartman went on to get intoxicated. Hartman also admitted that he made the three 9-1-1 calls and watched the investigation from behind a tree. Hartman further testified that he returned to the bar and continued to drink and play pool. Hartman stated that he later decided to tell the police he had been at Winda Snipes’ apartment because he believed that his prints would be found there. He explained that the police took him to the police station the next morning to answer questions. He then testified that he returned to his home with the police and approved searching his home, when they found the bloody shirt. During direct examination, Hartman also denied having told a fellow inmate that he had lost his temper with Ms. Snipes and harmed her. Hartman’s testimony concluded the defense’s case. The jury subsequently returned a guilty verdict as to all charges in the indictment. On May 18,1998, the trial court conducted a mitigation hearing. After opening arguments, the prosecution called its first and only witness, Ella Snipes, the victim’s mother. Ella Snipes mentioned that the victim was the eldest daughter of three children and that the victim maintained a very close relationship with her family even after she moved to Akron, Ohio. Snipes described how difficult the holiday season and nine months since the victim’s death had been on herself and her family. Defense counsel did not cross-examine the witness but objected to the victim-impact evidence. The defense then called Rhea Wolpert, Hartman’s older sister. Wolpert gave general .background regarding Hartman’s first five years of life. Rhea Wolpert also provided evidence regarding the history of alcoholism in the family and difficulties that Hartman had experienced with drugs and alcohol. Wolpert additionally testified that when Hartman was seventeen, he and his mother lived with her for about two years. Rhea Wolpert characterized Hartman as a hard worker who had slight problems with authority. On cross examination, the State elicited from Wolpert that she had little contact with Hartman from when he was five until he turned seventeen. As their second and final witness, the defense called Arietta Hartman, Hartman’s aunt. Arietta Hartman provided very limited testimony but described some difficulties Hartman had with his stepfather and a sister-in-law as a child. The entire mitigation testimony put on by Hartman’s trial counsel resulted in only slightly more than forty pages of trial transcript. On the same day as the mitigation evidence was presented, May 18, 1998, the jury returned a verdict that recommended the death penalty. C. TRIAL COURT WEIGHING Pursuant to Ohio ' Rev.Code § 2929.03(D)(3), the trial court weighed the aggravating factors against the mitigating factors. On May 22, 1998, the trial court concluded that the aggravating circumstances outweighed all of the mitigating factors Hartman advanced, and imposed the death penalty on the aggravated murder count. The court also sentenced Hartman to ten years for kidnapping and five years for tampering with evidence, to run consecutively to each other and to the sentence for aggravated murder. D. DIRECT APPEALS As a matter of right, Hartman appealed directly to the Ohio Supreme Court. In his appeal to the Ohio Supreme Court, Hartman raised thirteen propositions of law. Among Hartman’s grounds for appeal, he raised the issues of ineffective assistance of counsel. Hartman also challenged the sufficiency of the evidence regarding aggravated felony murder, the capital specification, and the separate kidnapping offense. On October 3, 2001, the Ohio Supreme Court rejected his claims. See Hartman, 754 N.E.2d at 1183. Moreover, as required by Ohio Rev. Code § 2929.05, the court conducted an independent weighing analysis. The Ohio Supreme Court concluded that the aggravating factors outweighed the mitigating factors. Id. E.STATE POST-CONVICTION PROCEEDINGS Hartman also exhausted his post-conviction remedies, unsuccessfully. On May 14, 1999, Hartman filed a petition to vacate or set aside the sentence pursuant to Ohio Rev.Code § 2953.21 (post conviction relief) with the Summit County Court of Common Pleas (Case No. 97-09-1987). On October 23, 2000, the trial court denied Hartman’s petition for post-conviction relief. Hartman filed a notice of appeal from the trial court’s denial of his post-conviction relief. Simultaneously, he filed a motion for delayed appeal. On October 24, 2001, the Ninth District Court of Appeals denied Hartman’s motion and dismissed the appeal. On October 29, 2001, Hartman filed a motion to reconsider. However, the Ninth District Court of Appeals denied the motion on October 31, 2001. On November 9, 2001, Hartman filed a notice of appeal from the Ninth District Court of Appeals’ ruling.- The Ohio Supreme Court declined jurisdiction over Hartman’s appeal on January 16, 2002. On January 18, 2002, Hartman filed an application to reopen his direct appeal. The Ohio- Supreme Court denied Hartman’s application for reopening on March 20, 2002. On January 16, 2003, Hartman filed a federal petition for a writ of habeas corpus that contained eleven claims for relief. This Court now reviews that petition. II. LEGAL STANDARD The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), codified principally at 28 U.S.C. § 2254(d), governs this case since Hartman filed his habeas petition after the effective date of the AEDPA. Under the AEDPA, a writ of habeas corpus may issue only if the state court adjudication of an issue: (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). All of Petitioner Hartman’s claims include mixed questions of law and fact for which 28 U.S.C. § 2254(d)(1) provides the applicable standard of review. The U.S. Supreme Court interpreted § 2254(d)(1) in Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). “In determining whether a decision is contrary to or involved an unreasonable application of clearly established federal law,” federal courts may only look to the “holdings, as opposed to the dicta, of the Supreme Court’s decisions as of the time of the relevant state-court decision.” Bulls v. Jones, 274 F.3d 329, 333 (6th Cir.2001) (citing Williams, 529 U.S. at 412, 120 S.Ct. 1495) (internal punctuation omitted). A state court decision is “contrary to” clearly established federal law “if the state court applies a rule that contradicts the governing law set forth in Supreme Court cases,” or “if the state court confronts a set of facts that are materially indistinguishable from a [Supreme Court] decision ... and nevertheless arrives at a result different from [Supreme Court] precedent.” Id. (quoting Williams, 529 U.S. at 405-06, 120 S.Ct. 1495). A decision is an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from this Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.” Id. However, “the term ‘unreasonable’ is not synonymous with incorrect.” Schoenberger v. Russell, 290 F.3d 831, 834 (6th Cir.2002). Therefore, “a federal habe-as court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.” Id. at 834 (quoting Williams, 529 U.S. at 411, 120 S.Ct. 1495). “Instead, the correct inquiry is ‘whether the state court’s application of clearly established federal law was objectively unreasonable.’” Id. Before a federal court can consider a state court error under 28 U.S.C. 2254(d), the habeas petitioner must exhaust his state remedies. 28 U.S.C. § 2254(b). To decide whether the petitioner has met the exhaustion requirement, the Court examines whether the petitioner “has the right under the law of the State to raise, by any available procedure, the question presented.” 28 U.S.C. § 2254(c). As explained above, Hartman has pursued all opportunities for relief at the state level, both on direct appeal and in post-conviction proceedings. Therefore, Hartman has exhausted all state remedies. However, habeas petitioners face an additional hurdle before federal courts may review a question of federal law decided by a state court. As applied in the habeas context, the doctrine of procedural default prevents federal courts from reviewing claims that a state court has declined to address because of a petitioner’s noncompliance with a state procedural requirement. See Wainwright v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). The Sixth Circuit uses a four-step analysis to decide whether a party has defaulted a claim. See Maupin v. Smith, 785 F.2d 135, 138 (6th Cir.1986). Under Maupin, the Court determines: (1) whether the petitioner failed to comply with an applicable state procedural rule; (2) whether state courts actually enforced the state procedural sanction; (3) whether the state procedural bar is an “adequate and independent” state ground on which the state can foreclose federal review, and if the previous elements are met; (4) whether the petitioner has demonstrated “cause and prejudice” to excuse the default. Id. The State contends that Hartman procedurally defaulted some claims entirely and parts of other claims. The Court considers this argument in the context of the individual claims. III. GROUNDS FOR RELIEF The Court now reviews Petitioner Hartman’s grounds for relief. As explained below, the Court finds that all of Hartman’s claims are without merit. The Court, therefore, DENIES Hartman’s petition for a writ of habeas corpus. A. ACTUAL INNOCENCE Petitioner Hartman first asserts that he is actually innocent of the murder and kidnapping of Ms. Snipes. Hartman insists that evidence not tested for trial supports his actual innocence claim. Specifically, Hartman argues that DNA testing of semen samples from Ms. Snipes’ vaginal and anal cavities, analysis of fingerprints on the clock whose cord was used to strangle Ms. Snipes, analysis of human hairs recovered from Ms. Snipes’ body, and genetic testing of a used condom found in Ms. Snipes’ apartment will prove the presence of another person in Ms. Snipes’ apartment at the time of the crime. If such evidence were subjected to meaningful analysis, Hartman contends that no reasonable jury could have convicted him of the murder and kidnapping of Ms. Snipes. The State initially argues that Hartman procedurally defaulted this claim. Even if the Court concludes that Hartman did not default the claim, the State argues that Hartman fails on the merits of his actual innocence claim. Actual innocence claims are of two varieties: (1) freestanding actual innocence claims in which a petitioner asserts that even if the trial is free of all constitutional error, the petitioner is innocent, and (2) gateway actual innocence claims, or those in which an assertion of constitutional error accompanies the actual innocence claim at trial. Different standards govern these two types of actual innocence claims. To succeed on a freestanding innocence claim, a petitioner must convince a court that new facts unquestionably establish the petitioner’s innocence. See Schlup v. Delo, 513 U.S. 298, 316, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). In contrast, to succeed on a gateway claim of actual innocence accompanied by constitutional errors, a petitioner must show evidence that establishes “sufficient doubt about his guilt to justify the conclusion that his execution would be a miscarriage of justice.” Id. In bringing his actual innocence claim, Hartman appears to argue both types of actual innocence claims. The Court begins by analyzing whether Hartman has defaulted his actual innocence claims. Generally, a petitioner’s procedural default of a claim in state court will preclude habeas review of that claim in federal court. Simpson v. Jones, 238 F.3d 399, 406 (6th Cir.2000). Specifically, a federal court may not review constitutional claims when a state court has declined review on the merits “pursuant to ah independent and adequate state procedural rule ... unless the [petitioner] can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice.” Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). If Hartman were actually innocent of the crimes, the Court’s failure to consider the claims would result in a fundamental miscarriage of justice. See Herrera v. Collins, 506 U.S. 390, 417, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993). Therefore, the Court concludes that Hartman has not procedurally defaulted this claim. After reviewing the new evidence proffered by Hartman, however, the Court concludes that it lacks jurisdiction over Hartman’s freestanding actual innocence claim and that Hartman fails on his gateway actual innocence claim. The Court begins by analyzing Hartman’s freestanding actual innocence claim. The Supreme Court has generally held that k freestanding actual innocence claim is not cognizable. See Herrera 506 U.S. at 404, 113 S.Ct. 853 (“[A] claim of ‘actual innocence’ is not itself a constitutional claim, but instead a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.”). However, in dicta, the Supreme Court has stated that “a truly persuasive demonstration of ‘actual innocence’ made after trial would render the execution of a defendant unconstitutional.” Id. at 417, 113 S.Ct. 853. This language suggests that a petitioner who can prove actual innocence through new evidence after trial presents a cognizable habeas claim. With his petition, Hartman asserts that additional discovery would enable him to make the extraordinarily high showing necessary for a freestanding actual innocence claim. In reliance upon this argument, the Court granted Hartman discovery on the most central of his actual innocence claim DNA testing of the seminal fluids obtained from Winda Snipes’ anal cavity. At Hartman’s request, and recognizing the equitable power of courts in the habeas context, the Court ordered DNA testing of semen retrieved from Ms. Snipes’ vaginal and anal cavities. Hartman averred that this testing would support his actual innocence claim by showing that the semen in the anal cavity came from another individual. However, the results of the test confirmed that Hartman was the source of semen found in both the vaginal and anal cavities. This evidence does not bolster Hartman’s actual innocence claim. This showing is significant as Coroner Platt gave unchallenged testimony that the semen specimen found in Win-da Snipes’ anal cavity was deposited near the time of her death. Further undermining his actual innocence claim, Hartman shows no evidence that anyone else was with Winda Snipes near the time of her death. Since Hartman has not made any persuasive showing of actual innocence based on new evidence, the Court does not need to decide whether the Supreme Court recognizes a freestanding actual innocence claim. Hartman does not make a compelling showing of actual innocence, and the Court concludes that it lacks jurisdiction over this claim. Id. at 404, 113 S.Ct. 853. The Court next turns to Hartman’s gateway actual innocence claim. To succeed on this claim, the Court must be convinced that new facts raise sufficient doubt about Hartman’s guilt to undermine confidence in the results of the trial without the assurance that the trial was untainted by constitutional error. Schlup, 513 U.S. at 317, 115 S.Ct. 851. Upon such a showing, the Court may consider defaulted claims to guarantee that a great injustice does not occur. Id. Recently, however, the Supreme Court has warned against courts considering the “actual innocence” exception to procedural default before first addressing all non-defaulted claims for comparable relief and other grounds for cause to excuse the procedural default. Dretke v. Haley, — U.S. -, 124 S.Ct. 1847, 1852, — L.Ed.2d - (2004). Here, the Court finds that no non-defaulted claim gives Hartman the relief he seeks. Therefore, the Court addresses Hartman’s gateway actual innocence claim on the merits. The Court concludes that Hartman does not prevail on his gateway actual innocence claim. Hartman has failed to show that “new facts raise[] sufficient doubt about [his] guilt to undermine confidence in the result of the trial.” See Schlup, 513 U.S. 317, 115 S.Ct. 851. Hartman offers no new evidence supporting his contention that he is innocent of the murder of Winda Snipes. To the contrary, the new evidence of DNA results retrieved from Ms. Snipes’ vaginal and anal cavities undermine his claim of actual innocence since it shows him as the source of the deposited semen. Coroner Platt testified that “penetration ensued at a time interval equivalent to the time that the—or close to the time the decedent met her death.” (Trial Tr. 1391). Comer Platt further testified that “the acid phosphatase is in the—at a level which would be, again, consistent with the time of her death.” (Trial Tr. 1392). In making his actual innocence claim, Hartman represented that he could not have deposited the seminal fluids found in Winda Snipes’ anal cavity, fluids that we know from Coroner Platt were deposited near the time of death. Hartman testified: Q. Did you have sex with her [on September 8, 1997]? A. Yes, I did. Q. Plaintiff Hartman, you have—what kind of sex? A. Just regular vaginal sex. Q. Okay. At any point did you have anal sex with her? A. No, I did not. (Trial Tr. 1822-23). Hartman agrees that the seminal fluids found in Winda Snipes’ anal cavities identify her murderer: “Based upon the coroner’s testimony, the most likely evidence available for the identification of Ms. Snipes’ assailant is the semen and seminal fluid found in her vaginal and anal cavities.” Pet. Mot. for Discovery at 30. Given Coroner Platt’s testimony and the DNA match with Hartman, Hartman’s newly discovered evidence only supports a conclusion that he killed Snipes. Therefore, Hartman’s gateway actual innocence claim fails. B. INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL In his second claim, Hartman argues that his trial attorney failed to provide effective assistance at trial. With this claim, Hartman alleges seven purported instances of ineffective assistance of trial counsel. Specifically, Hartman alleges two instances of ineffective assistance occurring in voir dire, four instances of ineffective assistance occurring during the guilVinnocence phase and a sub-claim arising in the mitigation phase. The state courts rejected Hartman’s ineffective assistance of trial counsel claim. This Court determines if the state trial and appellate courts’ decisions are contrary to or an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The two-part Strickland analysis governs Sixth Amendment claims of ineffective assistance of counsel. The first prong of the Strickland test requires Hartman to establish deficient representation -by counsel. This requires a showing that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Strickland, 466 U.S. at 687, 104 S.Ct. 2052. According to the Court in Strickland: Judicial scrutiny of counsel’s performance must be highly deferential .... A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time., Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. Id. at 689, 104 S.Ct. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 158, 100 L.Ed. 83 (1955)). Thus, to constitute deficient representation, counsel’s actions must be more than failed tactical decisions. Under this standard, a petitioner must show that counsel’s performance was defi-dent and that such performance prejudiced the defense. Id. To establish deficient performance, a petitioner must show that counsel’s performance “fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. 2052. Considering all the circumstances determines reasonableness. Id. To show prejudice, the petitioner must show to a reasonable probability that, but for counsel’s errors, the outcome would have been different. Id. at 694, 104 S.Ct. 2052. Accordingly, the Court examines each sub-part of this claim to decide if the state courts’ decisions were contrary to or unreasonable applications of Strickland. 1. Ineffective Assistance Of Counsel During Voir Dire (a) Juror Mary Enders During voir dire, Juror Enders related that ten years earlier a victim’s family members harassed her daughter-in-law after she served on a jury in Reno, Nevada that acquitted a murder suspect. Hartman contends that his trial counsel were ineffective for failing to question the other jurors to learn whether Juror Enders’ statements affected them and for failing to challenge Juror Enders for cause. Hartman raised this claim in the state courts, who rejected it. The state courts found no deficiency in trial counsel’s performance and no bias by Juror Enders. The Court now determines that the state courts’ denial of this claim was neither contrary to nor an unreasonable