Full opinion text
ORDER LAND, District Judge. Petitioner, an inmate on death row at the Georgia Diagnostic and Classification Prison in Jackson, Georgia, petitions the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, the Court denies Petitioner’s application for relief. I. BACKGROUND A. Facts Between the fall of 1977 and spring of 1978, terror gripped the historic Wynnton neighborhood in Columbus, Georgia. Targeting elderly white women, an assailant sexually assaulted nine women, killing seven of them and leaving stockings around their necks as his calling card. Labeled the “stocking strangler” by the local news media, the assailant suddenly ceased his activities in the Wynnton area in 1978 and eluded authorities for six years. These crimes remained unsolved until 1984 when a pistol that was stolen from a home in the Wynnton area in October 1977 was linked to Petitioner. (Resp’t Ex. 54 at 3247, 3265, 3388.) Petitioner was arrested on May 3, 1984 for this burglary. (Resp’t Ex. 54 at 3338.) After acknowledging his Miranda rights, Petitioner confessed that he was present at the burglary and that he was either present at, or had knowledge of, eight of the nine 1977-78 Wynnton area rapes and murders. (Resp’t Ex. 54 at 3337, 3341, 3357, 3369, 3371-73, 3375-76, 3379-80; Resp’t Ex. 55 at 3429.) Petitioner stated that he burglarized these women’s homes while an individual named Mal-vin A. Crittenden committed the rapes and murders. (Resp’t Ex. 54 at 3359-60.) The authorities found no corroborating evidence linking Crittenden to the crimes. Petitioner’s fingerprints were ultimately found to match the latent prints found at four of the crime scenes. (Resp’t Ex. 50 at 2530-33, 2546, 2557-59, 2569-70; Resp’t Ex. 51 at 2709-10, 2789-91, 2795; Resp’t Ex. 52 at 2819-20, 2912-16, 2923.) Blood evidence and hair samples taken from the crime scenes were inconclusive-they did not establish Petitioner as the perpetrator, nor did they exclude Petitioner. (Resp’t Ex. 55 at 3545-84; Resp’t Ex. 57 at 3862-85.) An investigation into Petitioner’s background revealed his connection to similar crimes in the past. Specifically, on April 14, 1970, the body of eighty-five year old Nellie Farmer was found in her residence in Albany, New York. (Resp’t Ex. 56 at 3596-97.) She had been raped, strangled, and her body was covered. (Resp’t Ex. 56 at 3598-99, 3675-76.) A fingerprint taken at the scene matched Petitioner. (Resp’t Ex. 56 at 3612, 3615.) When arrested and confronted with this evidence, Petitioner claimed that he was at the crime scene, but an individual by the name of John Lee Mitchell actually raped and killed Mrs. Farmer. (Resp’t Ex. 56 at 3628-38.) Mr. Mitchell was acquitted of these charges. (Resp’t Ex. 56 at 3648.) On January 2, 1977, fifty-five year old Jean Frost was attacked and raped during a burglary of her home in Syracuse, New York. (Resp’t Ex. 56 at 3684-88.) One of the items taken during the burglary was her watch. (Resp’t Ex. 56 at 3688.) When Petitioner was taken into custody two days later, he had the watch in his pocket. (Resp’t Ex. 56 at 3709-11.) Petitioner confessed to being the “lookout” for the Frost burglary. He claimed that an individual named Dudley Harris committed the attack and rape. (Resp’t Ex. 56 at 3726.) Mr. Harris was not convicted for the crimes. (Resp’t Ex. 56 at 3726.) Regarding the Columbus “stocking strangler” crimes, Petitioner was indicted for raping, murdering, and burglarizing the homes of three of the nine victims-Ruth Schieble, Martha Thurmond, and Kathleen Woodruff. At trial, the Prosecution introduced evidence of the attacks on the other “stocking strangler” victims, claiming that they showed a similar pattern and were also committed by Petitioner. The evidence presented by the Prosecution to show a similar pattern included the following. All of the victims were elderly white women between the ages of 55 and 89. (Resp’t Ex. 49 at 2274.) Each of the victims lived alone. (Resp’t Ex. 49 at 2274.) In each crime, the assailant broke into the woman’s home and burglarized her residence. (Resp’t Ex. 49 at 2275.) With the exception of one, all of the crimes happened at night. (Resp’t Ex. 49 at 2275.) All of the elderly women were sexually assaulted. (Resp’t Ex. 49 at 2275.) All of the attacks involved ligature strangulation, usually with the victim’s stockings or pantyhose. (Resp’t Ex. 49 at 2276.) With the exception of only one attack, all of the attacks occurred in the Wynnton area of Columbus, Georgia. (Resp’t Ex. 49 at 2276.) Every deceased victim had been either partially or totally covered after the attack. (Resp’t Ex. at 2277.) The evidence at trial showed that Mrs. Schieble was raped, beaten, and strangled to death with a stocking on October -21, 1977. (Resp’t Ex. 50 at 2476-78; 2482-83, 2500-01, 2503.) She was eighty-nine years old at the time, legally blind, and could walk only with the aid of a walker. (Resp’t Ex. 50 at 2468, 2495, 2500.) Mrs. Schieble’s son and his wife discovered her lifeless, covered body on October 21, 1977. (Resp’t Ex. 50 at 2776-78.) Martha Thurmond’s body was discovered on October 25, 1977. (Resp’t Ex. 51 at 2664.) Her body was covered by a pillow, blankets, and sheets. (Resp’t Ex. 51 at 2664.) The evidence showed that Mrs. Thurmond was sexually assaulted, beaten, and strangled with a stocking. (Resp’t Ex. 51 at 2673, 2699-2701.) On December 28, 1977, the body of seventy-four year old Kathleen. Woodruff was discovered, partially covered, and lying on her bed. (Resp’t Ex. 51 at 2735, 2749.) Mrs. Woodruff had been raped and strangled with a scarf. (Resp’t-Ex. 51 at 2735, 2749, 2757.) The similar crimes evidence showed that Gertrude Miller was attacked on September 11, 1977. (Resp’t Ex. 53 at 3001.) She was raped and severely beaten. (Resp’t Ex. 53 at 3004.) Knotted stockings, similar to the ones used to strangle the other victims, were found at the scene. (Resp’t Ex. 53 at 3026.) Mrs. Miller survived the attack and identified Petitioner as her assailant. (Resp’t Ex. 53 at 3004-09.) The body of fifty-eight year old Mary “Fern” Jackson was discovered on September 16, 1977. (Resp’t Ex. 52 at 2891, 2895.) Her body was covered and she had been beaten and raped. (Resp’t Ex. 52 at 2891, 2898.) Mrs. Jackson was strangled to death with a stocking and a sash from a dressing gown. (Resp’t Ex. 52 at 2891, 2897, 2900-01.) Seventy-one year old Jean Dimenstein was raped and strangled to death with a stocking in her home on September 24, 1977., (Resp’t Ex. 52 at 2949, 2952-53, 2964, 2966-67.) Her body was covered with sheets and a pillow. (Resp’t Ex. 52 at 2949, 2952.) On February 11, 1978, police responded to a call and found Mrs. Ruth Schwob sitting on the edge of her bed with a stocking tied around her neck. (Resp’t Ex. 53 at 3080.) Mrs. Schwob never identified Petitioner as her ' assailant. Although she survived the February 11, 1978 assault, she died before Petitioner was charged and tried. (Resp’t Ex. 53 at 3077.) On February 12, 1978, the body of seventy-eight year old Mildred Borom was found lying in a hallway of her home. She was lying on her back with her face covered. (Resp’t Ex. 53 at 3107, 3114.) Mrs. Borom had been strangled with a Venetian blind cord. (Resp’t Ex. 53 at 3146, 3148.) She also had been raped. (Resp’t Ex. 53 at 3148.) On April 19, 1978, sixty-one year old Janet Cofer’s body was found lying in her bed covered with linen and with a pillow over her face. (Resp’t Ex. 54 at 3179, 3200, 3206.) Mrs. Cofer had been raped and strangled with a stocking. (Resp’t Ex. 54 at 3218-19.) Although Mrs. Cofer did not reside in the Wynnton area of Columbus (as all of the other victims did), she had attended choir practice at the Wynn-ton Methodist Church on the evening of her murder. (Resp’t Ex. 54 at 3184-85.) B. Procedural History 1. State Court Proceedings On May 4, 1984, Petitioner was indicted in the Superior Court of Muscogee County, Georgia on three counts of murder, three counts of rape, and three counts of burglary. (Resp’t Ex. 1.) Judge Kenneth Follo-will, the presiding judge in Petitioner’s case, ordered Petitioner’s trial to begin on March 10, 1986. (Resp’t Ex. 2 at 677.) August F. Siemon was Petitioner’s primary attorney both pre-trial and at his trial. On March 10,1986, the date set for trial, Petitioner filed a notice of his intention to raise the issue of mental incompetency. (Resp’t Ex. 2 at 828.) On this same date, Petitioner also filed a “Special Plea of Incompetency.” (Resp’t Ex. 2 at 829.) In response, Judge Followill entered an “Order for Mental Evaluation re Competency at the Time of the Acts and Competency to Stand Trial.” (Resp’t Ex. 2 at 834.) Subsequently, the court conducted a competency trial and the jury found Petitioner competent to stand trial. (Resp’t Ex. 1A-21.) On June 10, 1986 and July 7, 1986, Petitioner filed motions to recuse Judge Follo-will from the case. (Resp’t Ex. 2 at 898-904, 932-37.) On July 21, 1986, Judge C. Cloud Morgan conducted a hearing regarding the recusal of Judge Followill. (Resp’t Ex. 24.) On July 24, 1986, Judge Morgan entered an Order denying Petitioner’s recusal motion. (Resp’t Ex. 2 at 950.) On June 18, 1986, Petitioner filed a motion for change of venue. (Resp’t Ex. 2 at 905-12.) In an Order dated July 2, 1986, the court held that the trial jury would be selected in Spalding County, Georgia, of qualified jurors from that jurisdiction and that jury would be transported to Musco-gee County, Georgia for the trial. (Resp’t Ex. 2 at 913.) Petitioner went to trial on July 28, 1986 and the jury returned a verdict of guilty on August 26, 1986. (Resp’t Ex. 2 at 957; Resp’t Ex. 38-61.) On August 27, 1986, Petitioner was sentenced to death on the malice murder convictions. He also received sentences of life imprisonment on the rape convictions and 20 years imprisonment on the burglary convictions, all to run consecutively. (Resp’t Ex. 2 at 958-69.) Following Petitioner’s trial and sentencing hearing, Petitioner filed a Motion for a New Trial on September 25, 1986. (Resp’t Ex. 2 at 970.) The superior court denied this motion on October 6, 1986. (Resp’t Ex. 2 at 974.) Petitioner appealed his conviction and sentence to the Supreme Court of Georgia. On June 26, 1987, the Supreme Court of Georgia remanded the case to the Superi- or Court of Muscogee County with the following instructions: “The trial court is directed to appoint competent counsel to represent defendant for the purpose of a hearing which shall be conducted to determine if for any reason, including the lack of funds, the defendant failed to receive effective assistance of counsel.” (Resp’t Ex. 68.) Haywood Turner and Frank Derrick-son represented Petitioner during the remand proceedings. (Resp’t Ex. 73-75.) In its Order dated June 12, 1989, the remand court determined Petitioner “knowingly, intelligently, and voluntarily waived” the issues of effectiveness of counsel. (Resp’t Ex. 78 at 27.) Following the remand proceedings, the Supreme Court of Georgia affirmed Petitioner’s convictions and sentence in Gary v. State, 260 Ga. 38, 389 S.E.2d 218 (1990). Petitioner filed a Motion for Reconsideration, which the court denied on March 28, 1990. (Resp’t Ex. 84-85.) The United States Supreme Court denied Petitioner’s Writ of Certiorari on October 1, 1990 and denied a Motion for Rehearing of this decision on January 7, 1991. (Pet. Writ for Habeas Corpus at 3.) 2. State Habeas Corpus Proceedings Petitioner then sought state habeas corpus relief in the Superior Court of Butts County, Georgia.' On January 11, ■ 1991, Petitioner filed his first state habeas corpus petition, which contained six claims for relief. (Resp’t Ex. 92.) Petitioner filed his first amended habeas petition on June 20, 1994 and filed -a second amended habe-as petition, which contained thirty-two grounds for relief on June 24, 1994. (Resp’t Ex. 129,132.) The superior court held evidentiary hearings and received into evidence a number of exhibits and affidavits. (Resp’t Exs. 142-153.) The court denied habeas relief in a series of orders: two dated January 27, 1995 and one dated November 13, 1995 (Resp’t Exs. 123, 135, 161). The Georgia Supreme Court denied Petitioner’s application for a certificate of probable cause to appeal from the denial of state habeas corpus relief. (Resp’t Ex. 166.) On May 27,1997, the United States Supreme Court denied Petitioner’s Application for a Writ of Certiorari. (Resp’t Ex. 179.) S. Federal Habeas Corpus Proceedings On November 10, 1997, Petitioner filed in this Court his Petition for Writ of Habe-as Corpus by a Person in State Custody Under a Sentence of Death. (Doc. 7.) On February 2, 1998, Petitioner, filed an amended petition in which he raised twenty-nine grounds for relief. (Doc. 10.) On December 29, 1997, Respondent filed an Answer-Response on Behalf of Respondent to Petitioner’s Petition for a Writ of Habeas Corpus. (Doc. 9.) Additionally, Respondent filed amended answers on April 2, 1998 and September 5, 2001. (Docs. 13 and 60.) a. Discovery On February 16, 1999, Petitioner filed a Motion for Discovery. • (Doc. 23.) Respondent responded to Petitioner’s discovery motion and on. December 9,1999 the Court denied Petitioner’s Motion for Discovery. (Doc. 32.) b.Evidentiary Hearing Regarding Semen Evidence On March 13, 2000, Petitioner filed a Motion for an Evidentiary Hearing regarding numerous issues. (Doc. 34.) On this same date, Petitioner filed a Motion for Access to Physical Evidence and Funds to Pay for Expert Assistance. (Doc. 35.) Respondent filed a response to both motions and in an Order dated June 30, 2000, the Court granted Petitioner’s Motion for an Evidentiary Hearing only on the semen evidence at issue. (Doc. 41.) Specifically, the Court granted Petitioner’s request to present evidence regarding certain recently obtained work papers from the Georgia Bureau of Investigation (“GBI”) Crime Lab and their significance to the semen evidence in the case. (Doc. 41.) The Court denied Petitioner’s motions in all other respects. (Doc. 41.) Petitioner filed a Motion for Fees and Expenses of Necessary Experts on October 27, 2000. (Doc. 42.) In this motion, Petitioner requested the authority to retain the services of Roger Morrison, an expert forensic serologist. (Doc. 42.) Petitioner explained that he needed Mr. Morrison to review the semen evidence contained in the newly discovered GBI work papers and to provide testimony at the evidentiary hearing. (Doc. 42.) Petitioner also requested authorization to retain Dr. Robert Shaler, another forensic serologist. (Doc. 42.) After conducting a conference call to discuss Petitioner’s motion, the Court entered an Order dated November 8, 2000 in which it authorized the payment of fees and expenses (of not more than $2,000.00) for Roger Morrison. (Doc. 43.) On November 13, 2000, Petitioner filed a Motion for Authority to Take Semen Sample and Authorization to Pay for Testing of the Same. (Doc. 44.) The Court held an evidentiary hearing on November 21, 2000. Following that evidentiary hearing, the Court denied Petitioner’s request for a semen sample in an Order dated June 29, 2001. (Doc. 56.) At the evidentiary hearing, Petitioner presented the testimony of his expert, Roger Morrison. (Doc. 47 at 50-116.) Respondent presented the testimony of John G. Wegel, Jr. (Doc. 47 at 117-188.) Both witnesses provided testimony regarding the Petitioner’s blood type and his status as a secretor/non-secretor of blood group substances into his semen. Moreover, the experts presented testimony regarding whether Petitioner could be excluded as the donor of semen in the Jacks on, Scheible, and Thurmond cases. On May 24, 2001, Petitioner filed a Motion for the Receipt of Additional Evidence Regarding Secretor/Non-Seeretor Issue and Renewal of Request for Independent testing of Petitioner’s Semen. (Doc. 52.) On June 29, 2001, the Court entered an Order denying this motion. (Doc. 55.) c. Procedurally Defaulted Claims On August 21, 2002, after the parties had thoroughly briefed the issues, the Court entered an Order finding that Petitioner had procedurally defaulted, or partially procedurally defaulted, eighteen of his claims for relief. (Doc. 77.) Petitioner filed a Motion for Reconsideration of August 21, 2002 Order. (Doc. 78.) In an Order dated October 28, 2002, the Court denied Petitioner’s Motion for Reconsideration. (Doc. 83.) d. “Bite Mark” Evidence On October 28, 2003, Petitioner filed a Motion to Secure Custody of Critical Evidence. (Doc. 106.) In this motion, Petitioner stated that he recently learned that a bite mark cast made of the left breast of Mrs. Janet Cofer may still be in existence and in the possession of Karen Kilgore, the widow of the former Muscogee County Coroner Don Kilgore. Petitioner requested that the Court issue a subpoena duces tecum or enter an Order directing Karen Kilgore to produce the cast. (Doc. 106.) The Court held an initial hearing regarding Petitioner’s motion on November 10, 2003. (Doc. 119.) At this hearing, the Court authorized the issuance of subpoenas to Karen Kilgore and her two stepdaughters, Jeannie Kilgore Hackaday and Joannie Kilgore Warden. (Doc. 119.) Mrs. Kilgore, Mrs. Hackaday, and Mrs. Warden attended an evidentiary hearing held on November 25, 2003. (Doc. 120.) Additionally, Mrs. Warden’s husband, Jack Warden, attended this hearing. (Doc. 120.) All four of these witnesses testified that they never had possession of the bite mark cast and that they did not have any idea about the current location of the cast, or even if it was still in existence. (Doc. 120.) Additionally, on December 22, 2003, Henry Warden, son of Joannie and Jack Warden, testified that he saw the bite mark cast eight to ten years ago, but he never had possession of the cast and had no idea where it might be located. (Doc. 121.) No evidence was presented to suggest that the bite mark cast still existed or could be located. On December 15, 2003, Petitioner filed a Motion for Evidentiary Hearing Regarding the State’s Conduct in Preventing the Petitioner Access to the Bite Mark Evidence. (Doc. 117.) In an Order dated April 2, 2004, the Court denied this motion. (Doc. 125.) Presently before the Court are Petitioner’s claims for relief that have not been procedurally defaulted or abandoned by Petitioner. II. DISCUSSION. A. Standard of Review When a habeas petitioner’s claim has been adjudicated on the merits in the state court proceedings, a federal district court can grant federal habeas relief only when the state court’s decision; (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 proceedings. 28 U.S.C. § 2254(d). “A state-court decision is contrary to th[e] [Supreme] Court’s precedent if the state court arrives at a conclusion opposite to that reached by th[e] Supreme Court on a question of law” or “if the state court confronts facts that are materially indistinguishable from a relevant Supreme Court precedent and arrives at a result opposite to [the Supreme Court].” Williams v. Taylor, 529 U.S. 362, 405, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A federal district court cannot substitute its opinion for that of the state court. “A state court’s decision that applies the law as determined by the Supreme Court to the facts is not ‘contrary to’ whether or not the federal court would have reached a different result.” Carr v. Schofield, 364 F.3d 1246, 1250 (11th Cir.2004)(quoting Fugate v. Head, 261 F.3d 1206, 1216 (11th Cir.2001), cert. denied, 535 U.S. 1104, 122 S.Ct. 2310, 152 L.Ed.2d 1065 (2002)). Moreover, if there is no Supreme Court precedent on point, “ ‘the court cannot say that the state court’s conclusion ... is contrary to clearly established federal law as determined by the United States.’ ” Henderson v. Campbell, 353 F.3d 880, 890 (11th Cir.2003)(quoting Isaacs v. Head, 300 F.3d 1232, 1252 (11 th Cir.2002)). A state court decision “involve[s] an unreasonable application of clearly established Federal law” when the “decision ... correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case ...,” Williams, 529 U.S. at 407-408, 120 S.Ct. 1495 (quoting 28 U.S.C. § 2254(d)(1)), or if the state court decision “‘identifies the correct governing [Supreme Court] legal principle ... but ... ’refuses to extend the governing principle to a context in which the principle should have controlled.’ ” Carr, 364 F.3d at 1250 (quoting Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. 2113, 147 L.Ed.2d 125 (2000)). When making the “unreasonable application” inquiry, this Court need not decide if it “would have reached the same result as the state court if [it] had been deciding the issue in the first instance.” Wright v. Secretary for the Dep’t of Corr., 278 F.3d 1245, 1256 (11th Cir.2002). The Court merely “should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Williams, 529 U.S. at 409, 120 S.Ct. 1495. In addition to the two narrow “contrary to” and “unreasonable application of’ prongs authorizing federal habeas corpus relief, Petitioner is also entitled to relief if the state court’s conclusion is based on an “unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” Henderson, 353 F.3d at 890 (quoting 28 U.S.C. § 2254(d)(1) and (2)). However, it is axiomatic that “review of a state court’s judgment in a habeas corpus proceeding is governed by a ‘highly deferential standard of review for factual determinations made by a state court.’ ” Carr, 364 F.3d at 1250 (quoting Fugate, 261 F.3d at 1215). “The State court’s determinations are ‘presumed to be correct’ and the [Petitioner] bears ‘the burden of rebutting the presumption of correctness by clear and convincing evidence.’ ” Id. (quoting 28 U.S.C. § 2254(e)). Additionally, the federal court must give deference to the state court’s determinations regarding credibility. Baldwin v. Johnson, 152 F.3d 1304, 1317 (11th Cir.1998). The Court observes that 28 U.S.C. § 2254(d) applies only to claims that the state courts have “adjudicated on the merits.” If the state courts did not decide the issue, then no deference is required as the federal courts cannot “defer to that which [does] not exist.” Wright, 278 F.3d at 1254 (11th Cir.2002). Consequently, if the claim was presented to the state court but the state court did not rule upon it, then the federal habeas court must resolve the claim de novo. In an Order dated August 21, 2002, the Court determined that eighteen of Petitioner’s claims were procedurally defaulted or partially procedurally defaulted. (Doc. 77.) The remaining claims are discussed below using the appropriate standard of review. B. Petitioner’s Remaining Claims 1. Petitioner’s Competence to Stand Trial Petitioner contends in Ground One of his petition that he was incompetent to stand trial and the proceedings that found him competent were constitutionally defective. Petitioner states that he was held in solitary confinement from the time of his arrest in May 1984 through March 1986 and from April 1986 through the conclusion of his trial in August 1986. According to Petitioner, solitary confinement “had dire and deteriorating effects on [his] ... mental health and led, ultimately, to his inability to understand the charges and proceedings against him and to consult rationally with his counsel and assist in his defense.” (Doc. 96 at 211.) Petitioner acknowledges that this claim was raised and rejected on direct appeal to the Supreme Court of Georgia and, therefore, 28 U.S.C. § 2254(d) is applicable. On direct appeal, the Georgia Supreme Court rejected Petitioner’s claim that he was mentally incompetent to stand trial as follows: The defendant contends the conditions of his solitary confinement while awaiting trial had an adverse' impact on his ability to stand trial. However, not only has this issue been litigated — and relief denied — -in a pre-trial habeas corpus petition-filed by the defendant on this issue, but also in a special trial to determine his-competence to stand trial. The special jury found him competent to stand trial. See O.C.G.A. § 17-7-130. While awaiting his trial, the defendant was held in “administrative segregation” for his own protection. He was in a private cell with a commode, a lavatory, a bunk with mattress, blanket and pillow, a skylight, a television, a radio, and reading materials. He was given extensive visitation privileges. The record does not support the defendant’s claim of unconstitutionally harsh conditions of confinement. The special jury’s finding that he was competent to stand trial is supported by the evidence. Gary, 260 Ga. at 41, 389 S.E.2d 218. Petitioner contends that the clearly established federal law on the issue of competency to stand trial is Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975). In Drope, the Supreme Court explained that “[e]ven when a defendant is competent at the commencement of his trial, a trial court must always be alert to circumstances suggesting a change that would render the accused unable to meet the standards of competence to stand trial.” Drope, 420 U.S. at 181, 95 S.Ct. 896. Petitioner apparently faults the Georgia Supreme Court for not specifically citing Drope. However, the United States Supreme Court has explained that a state court’s opinion is not “contrary to” established federal law simply because the state court does not cite the Supreme Court opinion. In Early v. Packer, 537 U.S. 3, 123 S.Ct. 362, 154 L.Ed.2d 263 (2002), the Court explained as follows: A state-court decision is “contrary to” our clearly established precedents if it “applies a rule that contradicts the governing law set forth in our cases” or if it “confronts a set of facts that are materially indistinguishable from a decision of this Court and nevertheless arrives at a result different from our precedent.” ... Avoiding these pitfalls does not require citation to our cases — indeed, it does not even require awareness of our cases, so long as neither the reasoning nor the result of the state-court decision contradicts them. Id. at 8, 123 S.Ct. 362 (quoting Williams, 529 U.S. at 405-06, 120 S.Ct. 1495)(empha-sis added). In this case, the Georgia Supreme Court’s reasoning, and ultimate decision on the issue of Petitioner’s competency to stand trial, does not contradict, nor is it an unreasonable application of, Drope. As the Georgia Supreme Court noted, both in a pre-trial habeas petition and in a special competency trial held before a jury, the issue of Petitioner’s competency was litigated, and both the judge and jury rejected Petitioner’s mental incompetency claim. (Resp’t Ex. 2 at 829; Resp’t Ex. 9 and 14-21.) Thus, the trial court was certainly “alert to” Petitioner’s competency. Drope, 420 U.S. at 181, 95 S.Ct. 896. Moreover, the state court’s finding of competency is entitled to deference and a presumption of correctness under AEDPA. Carr, 364 F.3d at 1250. Petitioner has offered nothing to rebut this presumption and to show that the Georgia Supreme Court’s decision was contrary to, or an unreasonable application of, Drope. Additionally, Petitioner has not maintained or shown that the state court’s decision “was based on an unreasonable determination of the facts in light of the evidence present in the [s]tate court proceedings.” 28 U.S.C. § 2254(d)(2). As such, Petitioner is not entitled to relief on this claim. 2. Alleged Batson Violation at the Competency Hearing Ground Three of Petitioner’s petition alleges that his rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), were violated at his competency hearing. In an Order dated August 21, 2002, this Court ruled that Petitioner raised his Batson claim in a second brief and enumeration of error on direct appeal, but the Georgia Supreme Court failed to rule on the claim. (Doc. 77 at 6-9.) Therefore, this Court found that Petitioner’s claim of a Batson violation at his competency hearing was not procedurally defaulted. (Doc. 77 at 9.) See Hutchins v. Wainwright, 715 F.2d 512 (11th Cir.1983). Because Petitioner’s Batson claim was not “adjudicated on the merits” by a state court (See Aug. 21, 2002 Order, Doc. 77 at 9), § 2254(d)(1) and (d)(2) do not apply and this Court must review this claim de novo. Wright, 278 F.3d at 1253-54 (explaining that if there is no state court decision on the merits, the claim must be reviewed without any § 2254 deference). Respondent maintains that Batson does not apply in this case because Batson was pending in the Supreme Court at the time of Petitioner’s competency trial, which was held on April 21-28, 1986. In Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987), the Supreme Court held “that a new rule for the conduct of criminal prosecutions [i.e., Bat- son] would be applied retroactively to all cases, state or federal, pending on direct review or not yet final.” Id. at 328, 107 S.Ct. 708 (emphasis added). The Court defined “final” to mean “a case in which a judgment of conviction has been rendered, the availability of appeal exhausted, and the time for a petition for certiorari elapsed or a petition for certiorari finally denied.” Griffith, 479 U.S. at 321, n. 6, 107 S.Ct. 708. Under this definition, Petitioner’s case was not “final” when Batson was decided on April 30, 1986 and Batson would, therefore, apply. Griffith, 479 U.S. at 328, 107 S.Ct. 708. Pursuant to Batson, it is Petitioner’s burden to establish a “prima facie case of purposeful discrimination by showing that the totality of the relevant facts gives rise to an inference of discriminatory purpose.” Batson, 476 U.S. at 93-94, 106 S.Ct. 1712. Petitioner argues that he established a prima facie case of discrimination against African American jurors when he objected because the State “utilized seven of its eight peremptory strikes against African American jurors, striking a Caucasian juror only when there were no more African American jurors to strike.” (Pet’r May 20, 2003 Br. at 274.) However, this is not what the record shows. The record does show that the State used six of its peremptory strikes to strike African American jurors and one of its peremptory strikes to strike a Caucasian female. (Resp’t Ex. 18 at 681.) Contrary to Petitioner’s assertions, however, the State did not strike all potential African American jurors; three African Americans served on the jury of Petitioner’s competency trial. (Resp’t Ex. 18 at 681.) Petitioner cites United States v. Gordon, 817 F.2d 1538 (11th Cir.1987) to support his position that he established a prima facie case of racial discrimination. However, the record in Gordon showed, “the Government exercised its six peremptory challenges to remove every black venire-person from Gordon’s jury [and][t]hose peremptory strikes followed a recurrent pattern of exclusions of black venireper-sons in the Government’s other voting fraud cases against black leaders.” Id. at 1541. In contrast, in the current case, the State did not use its strikes to remove every African American from the jury at Petitioner’s competency hearing and, in fact, three African Americans served on the jury. Even if Petitioner established a prima facie case of racial discrimination, the State articulated neutral criteria for the exercise of its peremptory strikes. Specifically, the Prosecutor explained as follows: Some [of the excluded African American jurors] had fixed opinions as to the Defendant’s innocence. One had two relatives who had been convicted of crimes. Another one that was openly, what we felt like was antagonistic toward [the Prosecutor] during voir dire, and who attended church with an individual we felt like would in fact be a witness for the Defense in this case. (Resp’t Ex. 18 at 681-82.) As is required by Batson, the Prosecutor offered “a neutral explanation related to the particular case to be tried.” Batson, 476 U.S. at 88, 106 S.Ct. 1712. The trial court then found that Petitioner’s motion for a mistrial made under Batson should be denied. (Resp’t Ex. 18 at 681-83.) This finding by the trial court is entitled to “great deference.” Batson, 476 U.S. at 98, 106 S.Ct. 1712 (explaining that “[s]ince the trial judge’s findings in this context under consideration here largely turn on evaluation of credibility, a reviewing court ordinarily should give those findings great deference”). No violation of Batson occurred at Petitioner’s competency hearing. Therefore, he is not entitled to relief on this ground. 3. Alleged Batson Violation at Trial In Ground Seven of his petition, Petitioner maintains that a Batson violation occurred at his trial. In its August 21, 2002 Order, this Court found that Petitioner’s claim of a Batson violation at his trial was not procedurally defaulted because Petitioner raised this claim in his second brief and enumeration of error on direct appeal, but the Georgia Supreme Court failed to rule on the claim. (Doc. 77 at 9.) Since the state court did not address this issue, this Court reviews the claim de novo. The Court rejects Respondent’s contention that Batson is not applicable to the trial proceedings, which occurred immediately after Batson was decided. Batson applies to Petitioner’s trial for the same reasons that the Court found it applied to his competency hearing. The record reveals that there were fifty-eight potential jurors, eleven of whom were African American. (Resp’t Ex. 46 at 1932.) The State used a total of thirteen strikes, and six of those strikes were used against African Americans. (Resp’t Ex. 46 at 1932.) Based on these numbers, Petitioner objected under Batson and the trial court explained that it did “not really think that a prima facie case was made out,” but it asked the State to respond. (Resp’t Ex. 46 at 1950.) The Prosecutor then articulated race neutral criteria for the exercise of its six peremptory strikes that were used to strike African Americans from the jury. Specifically, the Prosecutor responded to the Batson challenge by stating for the record that Juror Number 12, Nina R. Ambles, “was very weak on the death penalty.” (Resp’t Ex. 46 at 1935.) Moreover, she was not able to tell them for whom her husband worked, and she did not know what the term “victim” meant. (Resp’t Ex. 46 at 1935-36.) The Prosecutor stated that he did not think that she would understand the technical, scientific testimony and evidence in the case. (Resp’t Ex. 46 at 1935-36.) The Prosecutor also explained that her attendance at voir dire had forced her to miss a planned trip to Canada and he was afraid that she might take it out on the State. (Resp’t Ex. 46 at 1936.) As to Juror Number 20, Daisy McDonald, the Prosecutor explained that he struck her because she was weak on the death penalty, indecisive, and her son had been convicted of aggravated assault. (Resp’t Ex. 46 at 1937.) The Prosecutor stated that he struck Annie Ruth Owens because she was hesitant and unable (or unwilling) to answer a number of questions. Moreover, the Prosecutor explained that Ms. Owens was in the midst of planning a wedding for her daughter, which wedding was to take place during the trial. (Resp’t Ex. 46 at 1937-38.) Regarding juror Henry G. Reid, the Prosecutor stated that he was weak on the death penalty as evidenced by the fact that Mr. Reid stated he would not impose the death penalty unless he was “convinced beyond a shadow of a doubt.” (Resp’t Ex. 46 at 1939.) Also, Mr. Reid had a cousin charged with murder in Fulton County at the time of voir dire. (Resp’t Ex. 46 at 1939.) The Prosecutor also explained that Mr. Reid expressed that he had heard the rumor that Petitioner’s prosecution was a “cover-up.” (Resp’t Ex. 46 at 1939, 1946.) The Prosecutor stated that the State struck Angie E. Smith because she was weak on the death penalty and because her answers appeared to be given in a way to be agreeable with the court. Moreover, she misspelled many answers on her juror questionnaire and the Prosecution felt that she would not be able to understand the technical and scientific evidence relating to the blood and fingerprints. (Resp’t Ex. 46 at 1940.) Finally, the Prosecutor explained that Jessie P. Ham was struck because she stated that she “would give life,” and she expressed reluctance to serve on the jury. She stated on her juror questionnaire that her high blood pressure would interfere with her serving on the jury. However, when asked to explain, she testified that she merely took a vitamin to regulate her blood pressure. The Prosecutor also stated Ms. Ham misled the court on her questionnaire in that she failed to inform the court that her son was a former police officer who had been fired from the police force. (Resp’t Ex. 46 at 1942-43.) After hearing the race-neutral reasons for striking these six African American venirepersons, the trial court found that “the Prosecutor has articulated a neutral explanation related to the case, and I would determine from the explanation given that the Defendant has failed to establish purposeful discrimination.” (Resp’t Ex. 46 at 1950.) Therefore, the court denied Petitioner’s Batson motion. The trial court’s findings are due “great deference.” Batson, 476 U.S. at 98, 106 S.Ct. 1712. Based on a thorough review of the record, this Court finds that the trial court correctly applied Batson and Petitioner is not entitled to habeas relief on this ground. 4. The Trial Court’s Denial of Funds In Ground Eight of his petition, Petitioner contends that the trial court improperly denied his motion for funds for an adequate defense. On direct appeal, the Supreme Court of Georgia explained as follows: In his post-remand brief, the defendant continues to claim, as he did in his original appellate brief, that the trial court’s refusal (prior to the original trial) to appoint additional counsel or to provide funds for forensic and investigative assistance was an abuse of discretion, see Isaacs v. State, 259 Ga. 717, 386 S.E.2d 316 (1989), and that he was penalized improperly for exercising his right to retain his own attorney pro bono. The defendant was given the opportunity to prove that the denial of funds for legal, investigative, and forensic assistance prejudiced his defense; i.e., that because of the trial court’s denial of funds, attorney Siemon could not effectively represent his client. The defendant waived that opportunity, and we need not further address his contentions in this regard. The defendant contends he was denied due process by the court’s refusal to grant him funds for examination by an independent mental health expert. See Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). We disagree. Nothing before the court reasonably indicated that the defendant’s sanity would be a significant factor at trial. The denial of funds was not error. Gary, 260 Ga. at 40-41, 389 S.E.2d 218. Additionally, at the state habeas level, Petitioner argued that the trial court’s denial of funds denied him his due process rights. Specifically, Petitioner maintained “that his motions for funds to employ fingerprint experts, hair and fiber experts, serological experts, hypnosis experts, forensic odontologists, media experts, racism experts, mental health experts and a private investigator should have been granted by the trial court.” (Resp’t Ex. 161 at 5.) The state habeas court held as follows: The United States Supreme Court held in Ake that where a criminal defendant “has made a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial, the Constitution requires that a State provide access to a psychiatrist’s assistance on this issue if the defendant cannot otherwise afford one.” ... The Court went on to state specifically that fundamental fairness does not require the state to “purchase for the indigent defendant all the assistance that his wealthier counterpart might buy....” Fundamental fairness does require however, that defendants be given “an adequate opportunity to present their claims fairly within the adversary system.” ... Cases following Ake have interpreted the dictate of fundamental fairness to require that a defendant be provided with expert assistance where he has shown that such is necessary and that without it his trial would be rendered unfair.... Such necessity is not shown “merely by noting that the defendant’s attorney is not himself an expert and suggesting in general terms that a defense expert could help the defendant cross-examine the state’s expert.” After a review of the extensive record in this case, this court finds that the trial judges’ denial of funds did not render petitioner’s trial fundamentally unfair and did not violate his due process rights. In the initial hearing on the matter of funds for representation of Gary, Mr. Siemon stated: “I have the personal resources to provide representation for [the Petitioner].” ... Although Mr. Siemon now attempts to disavow this comment in his affidavit to this court, it is clear from the transcript of the hearing that this statement was made by Mr. Siemon and was not taken out of context by the Georgia Supreme Court. Based on this representation by Mr. Siemon, this court does not find any abuse of discretion by Judge Land in denying further funds for the defense. “[AJfter a thorough review of the record in this case, this court finds that the trial judge’s denial of funds did not render petitioner’s trial fundamentally unfair and did not violate his due process rights.” Additionally, at the July 1985 hearing on this issue before Judge Followill, the defense stated that it should be given at least equal resources for the defense as the state had for the prosecution.... Clearly under the law the defense is not entitled to the same funding the State might have. Furthermore, a review of the trial transcripts in this case shows that, despite Mr. Siemon’s assertions to the contrary, all of the State’s experts were subjected to a thorough and penetrating cross examination by the defense, and the defense was given ample opportunity to present its claims and raise doubts about the expert opinions offered by the State. Based on the record in this case, this court finds that Judge Followill’s denial of funds for the defense was not an abuse of discretion. (Resp’t Ex. 161 at 6-7) (citations omitted). Petitioner currently complains he was denied his rights under Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) to the assistance of the following experts: (1) a fingerprint expert; (2) a hair and fiber expert; (3) a hypnosis expert; (4) a forensic odontologist; and (5) a serological expert. Since Petitioner unsuccessfully raised these claims during his state habeas corpus proceedings, Petitioner must show that the decision of the state habeas corpus court was “contrary to, or ... an unreasonable application of, clearly established” United States Supreme Court precedent, or “based on an unreasonable determination of the facts in light of the evidence.” Hightower v. Schofield, 365 F.3d 1008, 1014 (11th Cir.2004)(quoting 28 U.S.C. § 2254(d)). Petitioner maintains that the “clearly established Federal law” is Ake. 28 U.S.C. § 2254(d). In Ake, the Court held that “when a defendant has made a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial, the Constitution requires that a State provide access to a psychiatrist’s assistance on this issue if the defendant cannot otherwise afford one.” Ake, 470 U.S. at 74, 105 S.Ct. 1087. The holding in Ake is limited to psychiatric assistance. Conklin v. Schofield, 366 F.3d 1191, 1206 (11th Cir.2004). However, the Eleventh Circuit has assumed, but never specifically held, that the “due process clause could require the government to provide non-psychiatric expert assistance to an indigent defendant upon a sufficient showing of need.” Id. This Court therefore finds Ake applicable to non-psychiatric experts. a. Fingerprint Expert Petitioner maintains that he was denied his right under Ake to the assistance of a fingerprint expert. It does appear that Petitioner made a timely request for expert examination of the fingerprint evidence. As early as June 20, 1984, Petitioner’s counsel filed a “Motion for Scientific Examination of Physical Evidence.” (Resp’t Ex. 1 at 42.) In this motion he requested to have an independent scientific examination of all fingerprints lifted at the various crime scenes. (Resp’t Ex 1 at 42.) In June 1985, Petitioner filed another motion requesting the appointment of a fingerprint expert. (Resp’t Ex. 1 at 260.) Additionally, during his trial, Petitioner objected and requested funds when the State presented its fingerprint experts. (Resp’t Ex. 50 at 2543, 2552, 2555, 2567; Resp’t Ex. 51 at 2721; Resp’t Ex. 52 at 2818.) The trial judge denied all of Petitioner’s motions and requests for a fingerprint expert and this ruling was upheld by the state habeas court. The issue, therefore, is whether the state court’s ruling, which upheld the trial court’s denial of funds for a fingerprint expert, was contrary to, or involved an unreasonable application of, Supreme Court precedent. This Court is mindful that when making these determinations it does not decide if it “would have reached the same result as the state court if [it] had been deciding the issue in the first instance.” Wright, 278 F.3d at 1256. The Court must accord deference to the state court’s opinion. The state habeas court did apply the applicable Supreme Court precedent, i.e. Ake, to Petitioner’s claim. Therefore, the state court’s decision was not “contrary to ... established federal law.” 28 U.S.C. § 2254(d)(1). Additionally, this Court cannot say that the state habeas court’s decision — that the “the trial judges’ denial of funds did not render petitioner’s trial fundamentally unfair and did not violate his due process rights” — was an unreasonable application of federal law. (Resp’t Ex. 161 at 6-7.) The Court observes that even without expert assistance Petitioner’s trial counsel was able to cross-examine the Prosecution’s expert witnesses. Petitioner’s trial attorney was able to show that, in many instances, the experts did not know exactly from where the latent prints came, did not know how many people had been present at the homes in question, and did not know how long the latent prints had been on the surfaces in question. (Resp’t Ex. 50-55.) Petitioner’s counsel also pointed out during cross-examination of these experts that in some instances the State waited fourteen months following Petitioner’s arrest to compare the latent prints to his fingerprints. (Resp’t Ex. 51 at 2729; Resp’t Ex. 52 at 2822-23.) Moreover, even if Petitioner had an expert at trial to question the Prosecution experts’ interpretation of the fingerprint evidence, it is unlikely that the additional testimony would have altered the jury’s verdict. See Hicks v. Head, 333 F.3d 1280, 1287 (11th Cir.2003) (explaining that even if there is an error under Ake, it is subject to a harmless error analysis and a state court decision should not be overturned unless the error had a “ ‘substantial and injurious effect’ on the guilty verdict or the death sentence”). The fingerprint evidence was not the only evidence that placed Petitioner at the various crime scenes. In fact, Petitioner confessed to his presence at the crime scenes during the time of the rapes and murders and he confessed to burglarizing the residences (with the exception of the Jackson residence, which he could not remember). Therefore, according to Petitioner’s own confession, he was at the crime scenes and could have left his fingerprints. For these reasons, this Court finds that the state court’s decision denying funds for a fingerprint expert was not contrary to, or an unreasonable application of, federal law. Additionally, Petitioner has not shown that the state court’s decision was “based on an unreasonable determination of facts in light of the evidence.” 28 U.S.C. § 2254(d)(2). Accordingly, Petitioner is not entitled to habeas relief on this ground. b. Hair and Fiber Expert Petitioner maintains that he was denied his right under Ake to the assistance of a hair and fiber expert. It does appear that Petitioner made timely pretrial requests for expert examination of any hair evidence in the case. (Resp’t Ex. 1 at 42, 260.) Petitioner also renewed his motion for funds for a hair and fiber analyst at trial. (Resp’t Ex. 57 at 3880.) At trial, the Prosecution presented evidence from Benny Blankenship, a micro-analyst employed with the Georgia State Crime Lab. (Resp’t Ex. 57 at 3863.) Mr. Blankenship testified that he analyzed foreign hairs found at the Jackson, Dimen-stein, Seheible, Thurmond, Woodruff, Borona, and Cofer crime scenes. (Resp’t Ex. 57 at 3863-64.) He testified that the “foreign hairs were determined ... to be Negroid in type.” (Resp’t Ex. 57 at 3864.) Mr. Blankenship testified that when comparing Petitioner’s hair to the hairs found at the crime scenes, he determined “there was insufficient similarities shown to me to conclude that they could have a common origin.” (Resp’t Ex. 57 at 3866.) Mr. Blankenship testified that this did not exclude the Defendant as the donor of the hair; it was simply inconclusive. (Resp’t Ex. 57 at 3866.) Myron Scholberg also testified for the Prosecution. He too compared foreign hairs from the crime scenes with hairs from Petitioner. (Resp’t Ex. 57 at 3883.) Mr. Scholberg testified that he “could reach no conclusion as to whether or not these hairs could have originated from this particular individual. However, the differences in my opinion were not sufficient to eliminate this individual as a possible source of these hairs.” (Resp’t Ex. 57 at 3883.) On cross-examination, Mr. Schol-berg again stated that he could not determine whether the hairs from the crime scenes came from Petitioner. (Resp’t Ex. 57 at 3885-86.) At the state habeas corpus hearing, Petitioner submitted the affidavit of James L. Small as an example of the evidence he could have presented had the trial court granted his requests for funds to hire a hair and fiber expert. In his affidavit, Mr. Small states that “[f]rom my examination of Mr. Blankenship’s testimony, I can unequivocally state that the hair evidence in no way, shape or form connects Carlton Gary to the crimes for which he stands convicted.” (Resp’t Ex. 190.) Mr. Small does not say that the hair evidence excludes Petitioner. The state habeas court ruled against Petitioner. The state court applied the “clearly established Federal Law” — Ake. 28 U.S.C. § 2254(d)(1). Therefore, the state court decision was not “contrary to” Supreme Court precedent. Moreover, the proffered testimony of Mr. Small did nothing more than reiterate the inconclusive testimony of both Mr. Blankenship and Mr. Scholberg, both of whom testified that they could reach no conclusion regarding whether the hairs found at the scenes came from Petitioner. At most, Mr. Small’s testimony was merely cumulative. See Conklin, 366 F.3d at 1210 (explaining that when proposed testimony is cumulative, the denial of funds for the proposed expert does not render the trial fundamentally unfair). Based on the foregoing, this Court concludes that the state habeas court’s decision was not “an unreasonable application of ... established Federal law.” 28 U.S.C. § 2254(d). Therefore, Petitioner is not entitled to relief on this issue. c. Hypnosis Expert In Claim Twenty-Six of his amended state habeas corpus petition, Petitioner claimed that “[t]he use of unreliable hypnosis evidence against [Petitioner] denied him the effective assistance of counsel, a fair trial and due process of the law in violation of the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution.” (Resp’t Ex. 129 at 159.) Specifically, Petitioner complained that, at the trial level, he was denied the necessary funds to hire a hypnosis expert. (Resp’t Ex. 129 at 159.) The state habeas court found that this claim was “waived because Petitioner did not raise [it] on direct appeal and ... utterly failed to make any showing of cause of prejudice.” (Resp’t Ex. 135 at 3.) Petitioner raised the same claims in Ground Twelve of his federal habeas petition. Based on the state habeas corpus court’s ruling, this Court held that Petitioner proeedurally defaulted his claims regarding the improper use of hypnosis. (Doc. 77 at 10-11.) To the extent Petitioner’s claim that he should have been given funds to hire a hypnosis expert is not proeedurally defaulted, this Court finds that Petitioner has not shown that the state habeas court’s holding regarding the denial of funds for such an expert was “contrary to, or ... an unreasonable application of, established Federal law.” Additionally, Petitioner has not maintained that the state court’s decision was based on an unreasonable determination of the facts.” A review of the record shows that a medical doctor at the University of Georgia Medical School, Dr. Wiggins, attempted to hypnotize Mrs. Miller on October 31, 1977. (Resp’t Ex. 52 at 2829.) Dr. Wiggins died before Petitioner’s trial. (Resp’t Ex. 52 at 2829.) After reviewing an audio tape of the attempted hypnosis, neither the Prosecution, nor the Defense, knew whether Mrs. Miller was under hypnosis. Following Georgia law at the time, the Prosecution was prohibited from introducing statements made by Mrs. Miller while under hypnosis. See Walraven v. State, 255 Ga. 276, 282, 336 S.E.2d 798 (1985)(holding that “the testimony of a previously hypnotized witness will not be considered corrupt and inadmissible.... That testimony will simply be considered frozen, for the purposes of the party subjecting the witness to hypnosis, as of the date of the hypnosis”). Therefore, the Prosecution assumed that Mrs. Miller was under hypnosis during the session with Dr. Wiggins and did not present any hypnosis experts any evidence obtained from Mrs. Miller during the hypnosis session. Conversely, Petitioner was allowed to assume that Mrs. Miller was not under hypnosis at the October, 1977 session and he impeached much of Mrs. Miller’s testimony by using the statements she made during the hypnosis session. (Resp’t Ex. 53 at 3009-17.) Petitioner also was the party to raise the issue of hypnosis during trial. Petitioner asked Mrs. Miller on cross-examination if “there [had] been any attempts made to hypnotize [her], to get [her] to recall [her] testimony.” (Resp’t Ex. 53 at 8017.) She responded that she remembered without hypnosis. (Resp’t Ex. 53 at 3017.) The state habeas court applied Ake to these facts. As the state court applied the existing Supreme Court precedent, its decision is not “contrary to ... established Federal law.” 28 U.S.C. § 2254(d)(1). Moreover, given these facts, Petitioner has not shown that the state habeas court’s decision involved an unreasonable application of federal law. The case that Petitioner cites in support of his position that he should have been given funds for a hypnosis expert, Little v. Armontrout, 835 F.2d 1240 (8th Cir.1987), does not alter this Court’s decision. In that case, “the State called its own expert on hypnosis to testify at the suppression hearing.” Id. at 1245. The Eighth Circuit Court of Appeals held that the trial court should not have denied the defense “a similar weapon.” Id. Such was not the case here because the Prosecution did not offer a hypnosis expert, and did not even use any information obtained from Mrs. Miller during hypnosis. Under these circumstances, the state habeas court reasonably concluded that the trial court’s denial of funds did not render Petitioner’s trial fundamentally unfair. d. Forensic Odontologist Petitioner maintains that he was denied his right under Ake to the assistance of a forensic odontologist. It does appear that prior to his trial Petitioner made a timely request for expert examination of any “tooth impressions or molds ... procured pursuant to the investigation of these cases.” (Resp’t Ex. 1 at 42.) At trial, the Prosecution called Dr. Joe Webber. Dr. Webber, a medical examiner for the State of Georgia, testified that during his autopsy of Janet Cofer he observed “what appeared to be tooth marks” on Mrs. Cofer’s left breast and he consulted “odontology experts.” (Resp’t Ex. 54 at 3217.) Following this testimony, Petitioner’s trial counsel renewed his request for funds for a forensic odontologist. (Resp’t Ex. 54 at 3234.) The Prosecution explained that it “didn’t have any comparisons to make.” (Resp’t Ex. 54 at 3234.) Furthermore, the Prosecution stated that Petitioner had dental repair work done between the time the murder was committed and the time of his arrest. Therefore, any comparisons would be invalid. (Resp’t Ex. 54 at 3235.) The trial court, in light of this information, denied Petitioner’s motion for funds and explained that it did not believe the teeth impressions were a “critical piece of evidence in the case.” (Resp’t Ex. 54 at 3234.) At the state habeas corpus level, Petitioner first learned that a cast had been made of the bite mark on Mrs. Cofer’s breast. This cast has never been located. The state habeas corpus court held that trial judges’ denial of funds did not render Petitioner’s trial fundamentally unfair and did not violate his due process rights. (Resp’t Ex. 161 at 6.) The Eleventh Circuit Court of Appeals has explained that, “[i]n determining the reasonableness of the trial court’s refusal to provide independent expert assistance, we consider only the facts available to the trial judge when he made a ruling on the particular motion.” Conklin, 366 F.3d at 1208. At the time the judge denied Petitioner’s motion for a forensic odontologist, he knew only that there was a bite mark on Mrs. Cofer’s left breast. The bite mark was in no way linked to Petitioner. The judge was told that even if Petitioner was afforded a forensic odontologist, there was nothing that the expert could compare as Petitioner had dental work between the time of Mrs. Cofer’s murder and his arrest. In light of this, the trial judge concluded that a forensic odontologist would not be helpful and Petitioner could receive a fair trial without such an expert. This ruling was upheld by the state habeas court. Petitioner has not shown that this ruling involved “an unreasonable application of’ Ake. e. Serological Expert Petitioner maintains that he was denied his right under Ake to the assistance of a serological expert. Petitioner contends that the deferential standard of review under § 2254(d) does not apply to this claim “because the state courts never had the opportunity to rule upon the evidence which was presented in this Court at the evidentiary hearing on November 21, 2002, including the newly discovered work papers and the testimony of Mr. Morrison explaining the work papers.” (Doc. 96 at 24.) Respondent disagrees and maintains that the state court ruled against Petitioner on this Ake claim, and the newly discovered worksheets add nothing to this Court’s analysis. Petitioner cites several cases to support his theory that the Court should review this issue de novo. However, all of the cases he cites stand for the proposition that AEDPA’s deference requirement does not apply to a Brady claim when the undisclosed evidence first surfaces at the federal level. See Killian v. Poole, 282 F.3d 1204 (9th Cir.2002); Monroe v. Angelone, 323 F.3d 286 (4th Cir.2003); Rojem v. Gibson, 245 F.3d 1130 (10th Cir.2001); Williams v. Coyle, 260 F.3d 684 (6th Cir.2001). None of these