Full opinion text
MEMORANDUM OPINION AND ORDER DENYING RELIEF BIERY, District Judge. Petitioner David Martinez filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his October, 1995, Bexar County capital murder conviction and sentence of death. For the reasons set forth below, petitioner is entitled to neither federal habeas corpus relief nor a Certificate of Appealability from this Court. I. Statement of the Case A. The Crime and Its Immediate Aftermath Late on the evening of July 10,1994,11-year-old Belinda Prado lay down to watch television on the living room couch of the home she shared with her mother Carolina and her 14-year-old brother Eric. Eric fell asleep on a.mattress on the floor in the living room while Carolina slept in her bedroom. Later that night, the petitioner, who had been staying with Carolina, and another man whom Belinda had never seen before came to her home. The other man left after 15-20 minutes and Belinda saw the petitioner go to her mother’s bedroom. Early on the morning of July 11, 1994, Belinda awoke to the sound of a baseball bat striking something in the living room. Belinda saw the petitioner, who was dressed only in a pair of boxer shorts, repeatedly strike Eric in the head with a baseball bat. Belinda saw blood flying as petitioner beat Eric with the bat. When Belinda asked petitioner “to behave,” petitioner told her to be quiet or he would kill her, too. Fearful for her life, Belinda asked where her mother was and petitioner replied Carolina was in the shower. When Belinda looked in the bathroom, however, she did not see her mother there. Petitioner forced Belinda into Eric’s bedroom at knife-point and tied her to the bed. Petitioner was dressed in a white shirt, a pair of black pants, a leather vest Belinda recognized as belonging to her uncle, and a pair of boots. Before leaving the house, petitioner gave Belinda a handwritten note and directed her to take the note to her grandmother, who lived a short distance down the street. Petitioner’s handwritten note, which was admitted into evidence at petitioner’s trial, read “I messed up. I’LL Be at the Friends on the EAst side.” Still fearful for her life, Belinda waited several minutes after petitioner left the house before she took his note to her grandparents’ home. Belinda gave her grandmother petitioner’s note and accompanied her grandparents back to her home, where she learned her mother was dead in her bedroom. Carolina Prado’s mother, Rosa Ramirez, testified at petitioner’s trial as follows: (1) she first met petitioner in June, 1994, when Carolina introduced petitioner to her and informed her mother she and petitioner were going to live together; (2) she gave petitioner a, black tie, one of her other daughters gave petitioner a white shirt, and Carolina helped petitioner find work at a nearby grocery store; (3) Carolina was divorced from Eric and Belinda’s father, with whom the two children had stayed for several weeks prior to date of the murders; (4) around 5:10 a.m. on the morning of the murders, petitioner telephoned her and informed her Carolina was tired and did not plan to go to work that day; (5) she had no difficulty understanding anything petitioner told her during their brief telephone conversation, and petitioner did not appear to her to have slurred his speech; (6) around 8:30 a.m. the same morning, Belinda rang her door bell and, when she answered the door, Belinda, who appeared nervous, handed petitioner’s note and told her Eric had a lot of blood on his head; (7) as she and Belinda walked down to Carolina’s house, Belinda told her Carolina was at work; (8) when they arrived at Carolina’s home, Belinda directed her to go inside but Belinda refused to enter the house ; (9) she entered the house and walked into the living room, where she found Eric lying dead with a towel covering his head; (10) when she lifted the towel, she observed that Eric’s head was “broken,” his brains were “all over the place,” and there was “lots of blood”; (11) after her husband entered the house and observed Eric, they walked back to their home where her husband called 911 and then called Carolina’s place of employment; (12) by the time they returned to Carolina’s home, a police officer had sealed the house and would not allow them to enter; (13) the officer told her there was a dead woman in the back bedroom; (14) she observed drops of blood on the curtains and window of Carolina’s bedroom; and (15) she never again saw Carolina. San Antonio Police Officers who arrived at the scene found Eric lying dead from obvious head injuries in the living room and Carolina dead from even more gruesome head injuries in the blood-drenched bedroom. Police officers also found what appeared to be a bloody baseball bat covered by a towel on a living room chair. An autopsy established Carolina Prado: (1) sustained a large contusion on her right shoulder and arm, a bruise on the back of her elbow, bruising of the eyelids secondary to a massive skull fracture, and the right side of her head caved in due to blunt trauma; (2) suffered multiple fractures in all areas of the skull, including behind the eye and at the base of the skull; (3) suffered a massive stellate or multi-rayed laceration on the right side of her head with multiple loose fragments of skull; (4) lost approximate one-half of her brain tissue from her cranial cavity due to massive blunt force trauma; and (5) died as a result of multiple, massive skull fractures and severe underlying brain injuries. An autopsy established Erie Prado: (1) sustained a large contusion in the right parietal occipital area above and behind the right ear accompanied by a large laceration due to bony skull fragments and brain matter protruding from the defect, as well two smaller lacerations just behind the larger one; (2) suffered a hinge fracture laterally across the base of the brain from ear to ear; (3) was likely rendered unconscious immediately and died almost immediately after he was assaulted; (4) received “a tremendous blow” by something heavy; (5) did not show any sign of defensive injuries; and (6) died as a result of cranial cerebral injuries, including severe fractures of the skull and severe underlying brain injuries. B. Petitioner’s Arrest and Its Aftermath At approximately 3:30 a.m. on July 13, 1994, San Marcos Police Officers arrested petitioner on a capital murder warrant at the residence of petitioner’s grandmother. Upon his arrest, petitioner repeatedly gave police a fictitious name even after they discovered his identification in his back pocket and noted the identifying tattoos on petitioner’s arm. Immediately upon his arrest, petitioner received his Miranda warnings and gave a nod to indicate he understood same. Following his arrest, while police were examining a baseball bat they found in the bedroom where petitioner had been arrested, petitioner volunteered a comment along the lines of “that’s not what you’re looking for” or “that’s notit.” During the brief drive to the Hays County Law Enforcement Center from the residence where petitioner had been arrested, petitioner: (1) asked if he were going to San Antonio that night and, when the officer driving the vehicle indicated negatively, petitioner volunteered that he had known there were police officers outside watching the house and that he could have done something if he had wished to do so; (2) spontaneously inquired “who ratted on me?” and, when the officer driving the vehicle responded the matter was in the papers, petitioner sat up straight, appeared to be proud, and later volunteered “I killed them just like cockroaches”; and (3) spoke English without difficulty and displayed no slurred speech, smell of alcohol, or other overt sign of intoxication. C. Further Investigation Culminating in Petitioner’s Confession Much later on the morning of July 13, 1994, a pair of San Antonio Police homicide detectives traveled to San Marcos to interview petitioner but were forced to wait several hours while petitioner went before a local magistrate. While they waited, the two detectives: (1) went to the residence where petitioner had been arrested, (2) obtained consent from petitioner’s grandmother and uncle to search the residence, (3) took custody of a backpack petitioner’s grandmother indicated belonged to petitioner, (4) took custody of a Dallas Cowboys baseball cap and a pair of tennis shoes, both of which Belinda Prado testified belonged to her brother Eric, and (5) took custody of a shirt and pair of trousers petitioner’s uncle indicated belonged to petitioner. Inside the backpack, the detectives found a black leather vest which Belinda Prado testified at trial belonged to one of her uncles. The San Antonio homicide detectives returned to the Hays County Law Enforcement Center and interviewed petitioner. At approximately 12:30 p.m., after again receiving his Miranda warnings, petitioner agreed to be interviewed and signed a waiver of his rights. In his written confession, petitioner stated, in pertinent part as follows: I want to talk to you about what I remember about the murder of Carol Prado and Eric Prado, 231 Obregon, San Antonio, Texas, on Monday, July the 11th, 1994. I have been dating Carol for about two months. I had drank á 12-pack of Bud Light beer, a big bottle of Bacardi rum. I got off work at Handy Andy at 1:45 a.m., and I walked to Carole’s house. I am living with Carole, and when I got home I started drinking. I got home about 1:50 a.m. When I got there, Carole was awake. Eric was asleep in the living room on a mattress on the floor. Belinda was on the couch also in the living room. Belinda was awake. I had a friend of mine there but I don’t want to tell you who he is. I walked my friend down the street at about 3:00 a.m., and I returned a short time later. I went outside and drank more, and then I walked down the street and threw the bottle. I went back in the house at 5:10 a.m. I was freaking and tripping and I hit Carole for no reason. I picked up a baseball bat that I tripped on. It was wooden. I hit Carole in the head with the bat. I must have hit her a lot to make her pass away. When I came in at 5:10 a.m., she told me to call her mom and tell her mom that she was going to stay home with the kids and would not be going to work. After acknowledging his statement extended to a second page, petitioner continued his confession as follows: After I hit Carole, I went back to the living room and put the bat on the side of the couch, and I sat on the couch. Belinda was half awake and half asleep. Belinda wanted to go see her mother, and I told Belinda not to go in the bedroom because Carole was in the shower. I didn’t want Belinda to see her mother. I told Belinda to lay down and go to sleep. I thought I saw Eric coming at me, so I grabbed the bat and hit him in the head. I realized he was still laying on the floor. I stood up and hit Eric about four times with the same bat. I looked at Eric and said to myself, What the fuck AM I doing. I then tied Belinda’s hands in front of her with a tie. I told her to go to her grandmother’s house after I left. I tied her hands loosely. Belinda asked me what she was supposed to tell her grandmother. I then wrote a note that said “I messed up. I’ll be on the east side.” I gave Belinda the note. I then left and went to a friend’s house on the east side of San Antonio. I told him what I had done and I asked my friend to just put a bullet in my head. I can’t give you my Mend’s name. I don’t know why I hit Carole and Eric. Carole had told me when I came home that she had seen me talking to a lady at Handy Andy but we didn’t argue. I understand my rights and I am waiving my rights and I am giving this statement because I want to. My statement is true and correct and this happened in San Antonio, Bexar County, Texas. After making a correction to the draft of his confession, petitioner wrote the following appendix to his confession in his own handwriting: I feel for the actions I took, I’m requesting the only just sentence for me is the “Death Penalty.” I took a life of someone who I cared about a lot. I feel that I can never bring her back. Please, give me the “Death Penalty”!! I’ll never forget Carol. The pain swells within my heart forever. Carol, wherever you are please forgive me. “I Do Love you”!! D.Indictment On October 4, 1994, a Bexar County grand jury indicted petitioner on a single count of capital murder charging petitioner with having: (1) murdered Carolina Prado by- striking her with a deadly weapon, i.e., a bat, (2) murdered Eric Prado by striking him with a deadly weapon, i.e., a bat, and (3) committed both murders during the same criminal transaction. E. Pretrial Competency Evaluation On October 20, 1994, petitioner’s trial counsel filed a motion requesting petitioner be evaluated for competence to stand trial as well as for sanity. In an Order issued October 26, 1994, the trial court granted those requests. On January 9, 1995, Dr. Julia B. Spears filed separate reports concluding petitioner was: (1) not insane at the time of his offense and (2) fully competent to stand trial. F. Hearing on Petitioner’s Pretrial Motions to Suppress On October 19,1995, the state trial court held a pretrial Jackson v. Denno hearing on petitioner’s motions to suppress his confession and various items of physical evidence obtained by police during the course of the investigation into, petitioner’s offenses, including a backpack of pornographic magazines allegedly belonging to petitioner which had been discovered by relatives of Carolina Prado in a storage shed located at her residence. In an ex parte hearing held before the start of the hearing on petitioner’s motions to suppress, petitioner’s trial counsel advised the trial court on the record: (1) petitioner had requested said counsel call Mark Martinez and Tomas Guadalupe, two residents of the Rio Grande Valley, to testify at the hearing; but (2) after interviewing those two persons, said counsel was not going to call either to testify at the hearing because to do so might alert the prosecution to the fact those persons could furnish inculpato-ry testimony. One of the San Marcos Police officers who assisted in petitioner’s arrest testified during the hearing as follows: (1) petitioner was given his Miranda warnings at the time of his arrest; (2) during the short drive to the Hays County Law Enforcement Center, petitioner volunteered several inculpatory statements; (3) he observed nothing about petitioner’s appearance or demeanor which indicated petitioner was intoxicated at the time of his arrest; and (4) he saw no beer cans or alcoholic beverage containers inside the home where petitioner was arrested. Another San Marcos Police Officer who participated in petitioner’s arrest testified: (1) he gave petitioner his Miranda warnings at the time of petitioner’s arrest; (2) petitioner nodded responsively and appeared to understand those rights as he read them to petitioner; (3) when other officers discovered a baseball bat in the bedroom where petitioner was arrested, petitioner spontaneously remarked either “that’s not what you’re looking for” or “that’s not it”; (4) he did not observe any alcoholic beverage containers in or around the house where petitioner was arrested; and (5) petitioner gave officers a false name and persistently insisted he was someone else even after officers discovered petitioner’s identification card in petitioner’s pocket and pointed out identifying tattoos on petitioner’s arm. One of the San Antonio Homicide Detectives who interviewed petitioner following his arrest testified at the same hearing as follows: (1) while they waited for petitioner to be taken before a magistrate, he and his colleague went to the residence where petitioner had been arrested, secured a consent to search same from petitioner’s grandmother, Sophie Castilleja, and found a backpack containing a black vest, tie, digital watch, and white tee shirt; (2) he was aware of no information indicating petitioner had ever possessed any expectation of privacy in the residence in question or any of the contents of same; (3) after petitioner had been taken before a magistrate, he and another detective interviewed petitioner; (4) during their interview, petitioner displayed no indications of intoxication; (5) after his colleague read petitioner his Miranda warnings, petitioner executed a card acknowledging he had been read and understood those warnings; (6) petitioner then gave the written statement quoted extensively above; (7) no promises, threats, or others forms of coercion were directed to induce petitioner’s confession; and (8) none of the occupants of the residence where petitioner had been arrested informed him or his partner about any consumption of alcoholic beverages by petitioner prior to his arrest. At the conclusion of the hearing, the state trial court overruled petitioner’s motions to suppress various items discovered at' both the crime scene and petitioner’s grandmother’s address in San Marcos, specifically finding petitioner had no standing to challenge any seizures made at either location. The trial court also ruled: (1) petitioner’s written confession was freely and voluntarily given and therefore, admissible and (2) petitioner’s inculpatory, oral, post-arrest statements were also admissible. G.Guilt-Innocence Phase of Trial The guilt-innocence phase of petitioner’s trial commenced on October 23, 1995. In addition to the evidence summarized above, including petitioner’s written confession and petitioner’s inculpatory, oral statements, the prosecution presented testimony from a forensic documents examiner establishing the same person who wrote the final paragraph of petitioner’s handwritten confession had also written the note petitioner gave to Belinda Prado on the date of the murders. Petitioner’s trial counsel presented no evidence. After deliberating slightly more than an hour, the jury returned its verdict finding petitioner guilty of capital murder as charged in the indictment. H.Punishment-Phase of Trial The punishment-phase of petitioner’s trial commenced on October 30,1995. 1.The Prosecution’s Evidence The prosecution presented a plethora of witnesses who testified regarding petitioner’s criminal history, well-demonstrated propensity for violence, and consistent refusals to accept responsibility for his criminal conduct or conform his behavior to societal rules. a. Juvenile Burglaries and Stay in TYC A police officer from Pharr, Texas, testified regarding his arrest of petitioner on September 19, 1988, while petitioner was in the course of burglarizing a convenience store. A Hidalgo County juvenile probation officer testified petitioner: (1) was charged with six counts of burglary arising from crimes committed June through September, 1988, (2) received a one-year probated sentence on December 13, 1988, (3) was arrested less than a week later for another burglary, (4) once threatened the officer’s life, and (5) was committed to the custody of the Texas Youth Commission (“TYC”) on January 30, 1989. A former TYC case manager, who met weekly with petitioner during petitioner’s subsequent stay at a TYC-contract facility, testified petitioner: (1) became enraged, threw his chair, and broke a 50-gallon aquarium in March, 1989, when she denied his request for a furlough to visit his mother, (2) briefly escaped in June, 1989, (3) habitually tried to stare down anyone who would not do what he wanted, (4) was a “manipulator” who frequently tried to “sweet talk” her but would try to intimidate her if he did not get what he wanted, (5) had a problem with authority figures, (6) often talked back to officials at his TYC facility, (7) had trouble controlling his temper and aggressive impulses, (8) was intelligent, as demonstrated by his completion of his GED while under TYC supervision, and (9) was discharged from the TYC in May, 1990. b. Adult Conviction for Attempted Sexual Assault A McAllen shoe store employee testified petitioner: (1) entered her store on the morning of May 30,1990, (2) waited until a courier left the store, (3) followed her to the back of the store where he grabbed her around the neck and waist and held her tightly against him while she screamed and fought unsuccessfully for her freedom, (4) said he “wanted to be alone” with her and touched her breast and buttocks, (5) told her to stop yelling and pulled her down to the floor, injuring her back in the process, (6) finally released her only after she begged him not to hurt her and convinced him she was pregnant, (7) left the store only after she promised not to call the police and begged him to leave, and (8) threatened to return if she called the police. The store clerk also testified she saw petitioner walking along a city street on July 9, 1990, and identified him as her assailant when police brought him to her store later that same day. A McAllen police officer testified: (1) he arrested petitioner on July 9, 1990, (2) the store clerk identified petitioner as her assailant during a show-up that same date, and (3) petitioner was subsequently charged with attempted sexual assault. c. Probation Revocation A former Hidalgo County adult probation officer testified: (1) petitioner received a probated 10-year sentence in May, 1991, following his conviction for attempted sexual assault, (2) the conditions of petitioner’s probation included making financial contributions, reporting weekly, and participating in a weekly sex offender group program, (3) in early-July, 1991, petitioner stopped reporting weekly, stopped attending weekly group counseling sessions, and ceased working or making his required financial contributions, (4) after several months of unsuccessful attempts to contact petitioner, he filed a motion to revoke petitioner’s probation in December, 1991, (5) when law enforcement officers went to execute the warrant for petitioner’s arrest, petitioner fled and was later charged with evading arrest, (6) petitioner never advised his probation officer he suffered from any drug or alcohol problems, and (7) petitioner pleaded “true” to the motion to revoke and was sentenced to serve a 5-year prison term. A McAllen police officer testified: (1) he assisted in the arrest of petitioner on April 1, 1992, on a motion to revoke probation, (2) when officers announced their presence at the front door of petitioner’s residence, petitioner fled out the back door, (3) petitioner then led several officers on a chase through several backyards, over fences, and through alleyways, (4) the chase did not terminate until the officer, traveling in a police vehicle, interrupted petitioner’s attempted flight some 3 city blocks north and two and a half blocks east of the petitioner’s residence, and (5) he arrested petitioner for evading arrest and pursuant to the motion-to-revoke warrant. d. Parole Violations and Revocation A fingerprint expert testified petitioner’s fingerprints matched those on a pen packet admitted into evidence. A Texas Department of Criminal Justice parole supervisor testified: (1) petitioner was paroled December 2, 1992, (2) the conditions of petitioner’s parole included mandatory participation in psychological sex offender counseling and making three face-to-face reports to his parole officer each month, (3) a parole revocation was issued September 10, 1993, based on petitioner’s failure to attend sex offender counseling, (4) following petitioner’s arrest for capital murder, petitioner waived both preliminary and final revocation hearings and admitted he was guilty of capital murder, and (5) while the conditions of petitioner’s parole included drug and alcohol counseling, petitioner never reported to his parole officer that he had ever been under the influence of either. e. Misconduct During Pretrial Detention Five Bexar County Adult Detention Center (“BCADC”) officers testified regarding a series of incidents in which petitioner violated the rules of that facility or otherwise engaged in violent misconduct. More specifically, those officers testified: (1) on November 19, 1994, petitioner cursed and threatened a detention officer while the officer was escorting petitioner to a visit; (2) on April 14, 1995, petitioner shouted and kicked a food tray out of the food slot under his cell door, spilling food across the floor; (3) on May 27, 1995, petitioner disobeyed a verbal order to stop changing the channel on a television and, when an officer wrote petitioner up for that rule violation, profanely threatened to harm that officer’s family; (4) on an unspecified date, petitioner engaged in a verbal altercation with another inmate over the television during which petitioner assumed a fighter’s stance and had to be restrained by detention officers before blows were exchanged between the inmates ; and (5) on or about August 21, 1995, petitioner attempted to assert “tank boss” status by demanding other inmates pay him with food for the privilege of using the telephone. f. Psychological Assessment A Hidalgo County psychologist who had attempted to treat petitioner in a sex offender program in 1991 testified petitioner: (1) was not a, successful participant in the program because he would not often attend group sessions and, even when he did, petitioner refused to divulge any information about himself, (2) showed a lack of progression throughout his life, (3) displayed a defiant refusal to admit he had a problem, which makes petitioner dangerous, (4) displayed an extremely poor ability to empathize with others, especially in situations in which dominance or control is an issue, which also makes petitioner dangerous, (5) showed no sign of having sustained any neurological injury or brain damage, (6) tested well above average on. one intelligence test, (7) suffers from an antisocial personality, i.e., petitioner demonstrates a pervasive, non-flexible pattern of behavior characterized by the disregard for, and violation of, the rights of others, (8) petitioner’s antisocial personality manifests itself through his persistent unlawful conduct, deceitfulness, impulsiveness, irritability, aggressiveness, irresponsibility, and lack of remorse for his misconduct, (9) is not mentally ill, (10) displays a powerful sex drive directed toward children, (11) refused to admit he had sexually assaulted the shoe store clerk even after he had pleaded guilty to that offense, and (12) poses an obvious danger to society. g. Sexual Assault on Belinda Prado Belinda Prado returned to the stand near the conclusion of the prosecution’s evidence at the punishment-phase of petitioner’s capital trial and testified petitioner: (1) touched her on her breasts and vagina for five-to-ten minutes immediately after he had beaten Eric to death, (2) forced her into Eric’s bedroom at knife-point when she told him to stop touching her, (3) tied her hands behind her to the bed with a necktie, and (4) then wrote the note he directed her to take to her grandmother. A physician who examined Belinda for sexual assault on July 27, 1994, testified: (1) Belinda displayed a blunted or flat affect during her physical examination, (2) Belinda reported no sexual history other than petitioner’s contact with her, (3) her examination of Belinda’s hymen disclosed an abnormality, i.e., a cleft in the eight o’clock position indicative of penetration, but (4) Belinda’s hymen injury was older than one-to-two weeks and could have been as old as a year or more. h. Threats Against Both Defense Counsel and Prosecutor Finally, a court bailiff testified: (1) on October 10, 1995, petitioner demanded to be placed in handcuffs because, otherwise, he was going to “go off’ on his attorney and (2) two days later, petitioner threatened a prosecutor during a heated exchange before the trial judge. 2. The Defense Evidence The defense presented four witnesses who knew petitioner when he was growing up, all of whom requested the jury dispense mercy to petitioner. Petitioner then took the stand and: (1) denied he had killed either Carolina Prado or Eric Prado, (2) denied he had sexually molested Belinda Prado, (3) denied he had given the written confession admitted into evidence, claiming he was intoxicated at the time he “gave” his confession and merely wrote what law enforcement officers told him to write after they threatened to bring additional charges against him, (4) claimed he never read the confession he admitted he signed, (5) denied he ever had a drug or alcohol problem, (6) admitted he drank liquor and smoked marijuana on the night of the murders, (7) claimed he did not remember what he had meant when he wrote “I messed up” on the note he gave to Belinda Prado, explaining he only wrote what Belinda told him to write, (8) stated “I can’t say I’m sorry for killing them because I did not kill them,” (9) admitted the bag containing adult magazines found at the crime scene belonged to him, (10) claimed he was innocent of the attempted sexual assault of the shoe store clerk who had testified at his capital murder trial even though he pleaded guilty to that charge, explaining he entered his plea solely to get a probated sentence, (11) admitted he does not like it when people show him disrespect, (12) admitted he had an altercation in jail with five black inmates while awaiting trial for capital murder, and (13) admitted he gets bored with jobs and has never held a job for longer than nine months. 3. The Verdict On October 30, 1995, the jury returned its verdict, finding: (1) beyond a reasonable doubt there was a probability petitioner “would commit criminal acts of violence that would constitute a continuing threat to society” and (2) taking into consideration all of the evidence, including the circumstances of the offense, petitioner’s character and background, and petitioner’s personal moral culpability, there were insufficient mitigating circumstances to warrant a sentence of life imprisonment, rather than a death sentence, be imposed, on petitioner. I. Direct Appeal Petitioner appealed his conviction and sentence and asserted more than thirty points of error in his original appellant’s brief and a pair of supplemental briefs. In an unpublished opinion issued November 4, 1998, the Texas Court of Criminal Appeals affirmed petitioner’s conviction and sentence. On October 4, 1999, the United States Supreme Court denied petitioner’s petition for writ of certiorari. J. State Habeas Corpus Proceeding On May 6,1999, petitioner filed an application for state habeas corpus relief in which he asserted more than fifteen claims for relief, including a multi-faceted assertion of ineffective assistance by his trial counsel. The state trial court held an evidentiary hearing in petitioner’s state habeas corpus proceeding on May 9-10, 2000, during which petitioner presented virtually no evidence supporting the vast majority of his numerous assertions of ineffective assistance. Instead, petitioner presented only his own testimony and the testimony of his former lead defense counsel and lead prosecuting attorney. Petitioner’s former trial counsel .testified: (1) his initial “trial strategy” was to assert an insanity defense but petitioner would not cooperate with such a strategy at trial, (2) he was unable to get a straight answer from petitioner on the critical question of what exactly happened the night of the murders because petitioner kept changing his version of the critical events, initially refusing to discuss the facts of the ease then claiming he was not involved in the murders and, finally, claiming a third party must have committed the offense while petitioner was passed out, (3) the information petitioner did furnish him regarding the circumstances of the offense did not match the petitioner’s description of the offense as set forth in petitioner’s written confession, (4) while he agreed the prosecutor’s references to petitioner’s offense as “mass murder” were inflammatory and harmful, his experience with the lead prosecutor had taught him it was wise to give the aggressive prosecutor enough rope to hang himself, (5) this was an explosive, violent offense as evidenced by the extraordinarily bloody crime scene, as depicted in the crime scene photographs, (6) his ability to marshal and present mitigating evidence on petitioner’s behalf was hampered by the unwillingness of petitioner’s family to testify at trial, (7) his failure to request a punishment-phase jury instruction regarding the mitigating impact of evidence of intoxication-induced temporary insanity was “an oversight,” (9) he considered the verbal confrontation between petitioner and prosecutor Luitjen “macho talk” akin to a man with a sharp stick poking at a barking dog and did not foresee the possibility the prosecution would use the exchanges in question as evidence against petitioner, (10) while at one point petitioner asserted he was elsewhere at the time of the murders, petitioner never furnished his defense team with any names of witnesses who could corroborate petitioner’s asserted alibi defense, (11) likewise, petitioner never gave his defense team any information supporting the theory someone else had committed the murders, (12) petitioner was aware of his right to testify at both phases of trial and voluntarily chose to testify during the punishment-phase, (13) the fundamental problems with petitioner’s punishment-phase testimony were petitioner’s refusal to accept responsibility for his offense or to express remorse for the murders and the fact petitioner’s trial testimony ran counter to his written confession, (14) petitioner’s punishment-phase testimony significantly hampered counsel’s ability to secure a life sentence for petitioner by depriving defense counsel of the ability to argue petitioner had shown remorse and, therefore, was entitled to mercy from the jury, and (15) he was never aware of any evidence showing petitioner did not commit the murders or petitioner was entitled to assert any recognized affirmative defense. Petitioner’s state appellate counsel testified he carefully reviewed the record from petitioner’s trial and found numerous instances in which the failure of petitioner’s trial counsel to make timely objections had effectively waived potentially viable points of error on direct appeal. The lead prosecutor at petitioner’s trial testified: (1) what frightened him most about petitioner’s demeanor during their pretrial confrontation was the lack of emotion petitioner exhibited while threatening to kill the prosecutor, (2) he believed petitioner was familiar with the criminal justice system and knew his rights throughout the pretrial hearing petitioner had requested by filing a pro se motion to dismiss trial counsel, (3) during that hearing, he merely asked rhetorical questions in response to petitioner’s arguments directed to the trial court, and (4) he was unaware of any exculpatory or mitigating evidence in petitioner’s case. During the same hearing, petitioner testified: (1) he asked a court bailiff to handcuff him to prevent him from assaulting his own trial counsel, (2) the prosecutor attempted to provoke him through the pretrial and trial proceedings by, among other things, deliberately bumping into petitioner and making rude gestures toward petitioner, (3) he informed his trial counsel he did not wish to pursue an insanity defense, (4) he did not wish his trial counsel to seek a life sentence but, instead, wanted only an acquittal, (5) he felt he could not trust his trial counsel and, therefore, did not cooperate with his defense counsel, (6) he was aware of his right to testify at the pretrial hearing on his motion to suppress but did not do so because his trial counsel advised him against testifying at the hearing, (7) he wanted the trial judge removed because the judge kept referring to him as “mijito,” which petitioner considered an insult, (8) he wanted his trial counsel to file motions fór a speedy trial and to dismiss his confession as illegally obtained, (9) he was not present at the Prado residence at the time of the murders, (10) he never told anyone he committed the murders, (11) he refused to assist his trial counsel, (12) he wrote the note introduced at trial as State Exhibit No. 3 and gave same to Belinda Prado, (13) he signed the confession admitted into evidence at his trial but did so because he was intoxicated and was not cognizant of the words written thereon, (14) he nodded while a police officer read him his Miranda warnings, (15) had his trial counsel not advised him against doing so, he would have testified at the guilt-innocence phase of trial in the same manner as he did at the punishment-phase of his trial, (16) he did not want his family to testify at his trial, and (17) his trial counsel failed to show petitioner all the physical evidence in the case prior to trial. On January 14, 2003, the state trial court issued an order containing its: (1) findings of fact, (2)- conclusions of law, and (3) recommendation that petitioner’s state habeas corpus application be denied. On July 2, 2003, the Texas Court of Criminal Appeals issued an unpublished order adopting the trial court’s findings and conclusions and denying state habeas relief. K. Proceedings in Federal Court Petitioner filed his petition for federal habeas corpus relief in this Court on June 28, 2004, asserting eleven grounds for relief including a multifaceted ineffective assistance claim consisting of more than fifty assertions of deficient performance by his trial counsel. On October 15, 2004, respondent filed his original answer and motion for summary judgment. On October 3, 2005, petitioner filed his reply to respondent’s motion for summary judgment. II. AEDPA Standard of Review Because petitioner filed his federal habe-as corpus action after the effective date of the AEDPA, this Court’s review of petitioner’s claims for federal habeas corpus relief is governed by the AEDPA. Penry v. Johnson, 532 U.S. 782, 792, 121 S.Ct. 1910, 1918, 150 L.Ed.2d 9 (2001). Under the AEDPA standard of review, this Court cannot grant petitioner federal habeas corpus relief in this cause in connection with any claim that was adjudicated on the merits in state court proceedings, unless the adjudication of that claim either: (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. Williams v. Taylor, 529 U.S. 362, 404-05, 120 S.Ct. 1495, 1519, 146 L.Ed.2d 389 (2000); 28 U.S.C. § 2254(d). The Supreme Court has concluded the “contrary to” and “unreasonable application” clauses of Title 28 U.S.C. Section 2254(d)(1) have independent meanings. Bell v. Cone, 535 U.S. 685, 694, 122 S.Ct. 1843, 1850, 152 L.Ed.2d 914 (2002). Under the “contrary to” clause, a federal habeas court may grant relief if: (1) the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law or (2) the state court decides a case differently than the Supreme Court on a set of materially indistinguishable facts. Mitchell v. Esparza, 540 U.S. 12, 15-16, 124 S.Ct. 7, 10, 157 L.Ed.2d 263 (2003)(“A state court’s decision is ‘contrary to’ our clearly established law if it ‘applies a rule that contradicts the governing law set forth in our cases’ or 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.’ ”). A state court’s failure to cite governing Supreme Court authority does not, per se establish that the state court’s decision is “contrary to” clearly established federal law: “the state court need not even be aware of our precedents; ‘so long as neither the reasoning nor the result of the state-court decisions contradicts them.’ ” Mitchell v. Esparza, 540 U.S. at 16, 124 S.Ct. at 10. Under the “unreasonable application” clause, a federal habeas court may grant relief if the state court identifies the correct governing legal principle from the Supreme Court’s decisions but unreasonably applies that principle to the facts of the petitioner’s case. Wiggins v. Smith, 539 U.S. 510, 520, 123 S.Ct. 2527, 2534-35, 156 L.Ed.2d 471 (2003). A federal court making the “unreasonable application” inquiry should ask whether the state court’s application of clearly established federal law was “objectively unreasonable.” Wiggins v. Smith, 539 U.S. at 520-21, 123 S.Ct. at 2535. The focus of this inquiry is on whether the state court’s application of clearly established federal law was objectively unreasonable; an “unreasonable” application is different from a merely “incorrect” one. Wiggins v. Smith, 539 U.S. at 520, 123 S.Ct. at 2535; see Price v. Vincent, 538 U.S. 634, 641, 123 S.Ct. 1848, 1853, 155 L.Ed.2d 877 (2003)(“it is the habeas applicant’s burden to show that the state court applied that case to the facts of his case in an objectively unreasonable manner”). Legal principles are “clearly established” for purposes of AEDPA review when the holdings, as opposed to the dicta, of Supreme Court decisions as of the time of the relevant state-court decision establish those principles. Yarborough v. Alvarado, 541 U.S. 652, 661, 124 S.Ct. 2140, 2147, 158 L.Ed.2d 938 (2004) (“We look for ‘the governing legal principle or principles set forth by the Supreme Court at the time the state court renders its decision.” ’); Lockyer v. Andrade, 538 U.S. 63, 71-72, 123 S.Ct. 1166, 1172, 155 L.Ed.2d 144 (2003). The AEDPA also significantly restricts the scope of federal habeas review of state court fact findings. A petitioner challenging state court factual findings must establish by clear and convincing evidence that the state court’s findings were erroneous. See Morrow v. Dretke, 367 F.3d 309, 315 (5th Cir.2004) (“The AEDPA requires that we presume correct the state court’s findings of fact unless the petitioner ‘rebuts the presumption of correctness by clear and convincing evidence.’ ”), cert. denied, 543 U.S. 951, 125 S.Ct. 375, 160 L.Ed.2d 270 (2004); Pondexter v. Dretke, 346 F.3d 142, 146 & 149 (5th Cir.2003) (holding that, pursuant to § 2254(e)(1), state court findings of fact are presumed correct and the petitioner has the burden of rebutting that presumption by clear and convincing evidence), cert. denied, 541 U.S. 1045, 124 S.Ct. 2160, 158 L.Ed.2d 736 (2004); Henderson v. Cockrell, 333 F.3d 592, 598 (5th Cir.2003) (holding the same), cert. denied, 540 U.S. 1163, 124 S.Ct. 1170, 157 L.Ed.2d 1208 (2004); 28 U.S.C. § 2254(e)(1). Finally, in this Circuit, a federal habeas court reviewing a state court’s rejection on the merits of a claim for relief pursuant to the AEDPA must focus exclusively on the propriety of the ultimate decision reached by the state court and not evaluate the quality, or lack thereof, of the state court’s written opinion supporting its decision. See Pondexter v. Dretke, 346 F.3d at 148 (holding the precise question before a federal habeas court in reviewing a state court’s rejection on the merits of an ineffective assistance claim is whether the state court’s ultimate conclusion was objectively reasonable); Anderson v. Johnson, 338 F.3d 382, 390 (5th Cir.2003) (holding a federal habeas court reviews only a state court’s decision and not the opinion explaining that decision); Neal v. Puckett, 286 F.3d 230, 246 (5th Cir.2002) (en banc) (holding that a federal court is authorized by § 2254(d) to review only a state court’s decision and not the written opinion explaining that decision), cert. denied, 537 U.S. 1104, 123 S.Ct. 963, 154 L.Ed.2d 772 (2003). III. Ineffective Assistance Complaints A. Clearly Established Federal Law The constitutional standard for determining whether a criminal defendant has been denied the effective assistance of trial counsel, as guaranteed by the Sixth Amendment, was announced by the Supreme Court in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984): A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. To satisfy the first prong of Strickland, i.e., to establish that his counsel’s performance was constitutionally deficient, a convicted defendant must show that counsel’s representation “fell below an objective standard of reasonableness.” Wiggins v. Smith, 539 U.S. 510, 521, 123 S.Ct. 2527, 2535, 156 L.Ed.2d 471 (2003); Williams v. Taylor, 529 U.S. 362, 390-91, 120 S.Ct. 1495, 1511, 146 L.Ed.2d 389 (2000). In so doing, a convicted defendant must carry the burden of proof and overcome a strong presumption that the conduct of his trial counsel falls within a wide range of reasonable professional assistance. Strickland v. Washington, 466 U.S. at 687-91, 104 S.Ct. at 2064-66. Courts are extremely deferential in scrutinizing the performance of counsel and make every effort to eliminate the distorting effects of hindsight. See Wiggins v. Smith, 539 U.S. at 523, 123 S.Ct. at 2536 (holding the proper analysis under the first prong of Strickland is an objective review of the reasonableness of counsel’s performance under prevailing professional norms which includes a context-dependent consideration of the challenged conduct as seen from the perspective of said counsel at the time). It is strongly presumed counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment. Strickland v. Washington, 466 U.S. at 690, 104 S.Ct. at 2066. To satisfy the “prejudice” prong, a convicted defendant must establish a reasonable probability that, but for the objectively unreasonable misconduct of his counsel, the result of the proceeding would have been different. Wiggins v. Smith, 539 U.S. at 534, 123 S.Ct. at 2542; Strickland v. Washington, 466 U.S. at 694, 104 S.Ct. at 2068. “A reasonable probability is a probability sufficient to undermine confidence in the outcome” of the proceeding. Wiggins v. Smith, 539 U.S. at 534, 123 S.Ct. at 2542 (quoting Strickland v. Washington, 466 U.S. at 694, 104 S.Ct. at 2052). In evaluating prejudice, a federal habeas court must re-weigh the aggravating evidence against the totality of available mitigating evidence. Wiggins v. Smith, 539 U.S. at 534, 123 S.Ct. at 2542. In evaluating petitioner’s complaints about the performance of his counsel under the AEDPA, the issue before this Court is whether the Texas Court of Criminal Appeals could reasonably have concluded petitioner’s complaints about his trial counsel’s performance failed to satisfy either prong of the Strickland analysis. Schaetzle v. Cockrell, 343 F.3d 440, 444 (5th Cir.2003), cert. denied, 540 U.S. 1154, 124 S.Ct. 1156, 157 L.Ed.2d 1050 (2004). In making this determination, this Court must consider the underlying Strickland standard. Id. In those instances in which the state courts failed to adjudicate either prong of the Strickland test, this Court’s review of the un-adjudicated prong is de novo. See Rompilla v. Beard, 545 U.S. 374, —, 125 S.Ct. 2456, 2467, 162 L.Ed.2d 360 (2005) (holding de novo review of the prejudice prong of Strickland was required where the state courts rested their rejection of an ineffective assistance claim on the deficient performance prong and never addressed the issue of prejudice); Wiggins v. Smith, 539 U.S. at 534, 123 S.Ct. at 2542 (holding the same). B. Overview of Petitioner’s Ineffective Assistance Claim Petitioner identifies more than fifty instances of allegedly deficient performance by his trial counsel. When petitioner presented the state habeas court with complaints about the performance of his trial counsel, the state habeas court grouped petitioner’s complaints into twenty-four categories and denied state habeas relief on all such claims, concluding petitioner had failed to overcome the presumption of professionally reasonable performance afforded to most strategic decisions made by criminal defense counsel. The state ha-beas court’s conclusions were based on petitioner’s failure to present the state ha-beas court with any evidence showing petitioner’s trial counsel had acted in a manner outside the broad scope of objectively reasonable, professional performance. The state habeas court repeatedly concluded petitioner had failed to carry the burden of proof necessary to overcome the strong presumption that the conduct of his trial counsel fell within a wide range of reasonable, professional assistance. Strickland v. Washington, 466 U.S. at 687-91, 104 S.Ct. at 2064-66. The state habeas court also concluded many of petitioner’s complaints about his trial counsel’s performance failed to satisfy the prejudice prong of Strickland. In an effort to bring order to petitioner’s complaints regarding his trial counsel’s performance, this Court will address petitioner’s ineffective assistance claims in three broad categories corresponding to the stages of petitioner’s trial court proceedings. C. Ineffective Assistance During Pretrial Proceedings Petitioner presented the state habeas court, and presents this Court, with numerous complaints about his trial counsel’s performance occurring prior to the start of the guilt-innocence phase of petitioner’s trial. More specifically, petitioner complains his trial counsel failed to: (1) adequately challenge the admissibility of petitioner’s inculpatory post-arrest written and oral statements, (2) adequately challenge the admissibility of physical evidence obtained from the victims’ relatives and from petitioner’s relatives or from the search of petitioner’s grandmother’s residence, (3) move to suppress a handwriting exemplar obtained outside the presence of petitioner’s trial counsel, (4) object to improper questions from the prosecutor directed to petitioner during a pretrial hearing held October 12, 1995, (5) warn petitioner any statements petitioner made during the same hearing might later be used against petitioner at trial, and (6) voir dire venire members regarding their ability to give mitigating effect to evidence of petitioner’s youth, intoxication, and difficult childhood. 1. Inadequate Challenge to Petitioner’s Confession a. The Claims Petitioner complains his trial counsel inadequately challenged the admissibility of petitioner’s written and oral statements as involuntary during the pretrial hearing on petitioner’s motions to suppress. More specifically, petitioner complains his trial counsel failed to: (1) call either Mark Martinez or Tomas Guadalupe to testify petitioner was intoxicated at the time of his arrest, (2) cross-examine prosecution witnesses so as to elicit testimony establishing petitioner was intoxicated at the time of his arrest, or (3) present evidence showing petitioner was intoxicated at the time he gave his written confession. b. State Court Disposition During the evidentiary hearing in petitioner’s state habeas corpus proceeding, however, petitioner presented the state habeas court with no testimony from either Mr. Martinez or Mr. Guadalupe. Instead, petitioner offered the state habeas court only his own, self-serving testimony to establish precisely what Mark Martinez could have furnished in terms of relevant testimony at the time of petitioner’s pretrial suppression hearing. More specifically, petitioner testified Mark Martinez could have testified petitioner was intoxicated at the time of his arrest. Petitioner offered the state habeas court no testimony or other evidence establishing Tomas Guadalupe was available to testify as to any matter relevant to the admissibility of petitioner’s statements to police. The state habeas court had before it the record from petitioner’s pretrial suppression hearing which included the ex parte hearing before the trial judge in which petitioner’s trial counsel advised the court they did not plan to call either Mark Martinez or Tomas Guadalupe to testify during the suppression hearing because to do so might alert the prosecution to the existence of these two witnesses and possibly expose them to interrogation into matters which would have proven inculpatory for petitioner. As the state habeas trial court noted, petitioner made no effort to question his former lead trial counsel during petitioner’s state habeas hearing regarding the strategic reasons said counsel chose not to present either of these two witnesses to testify at petitioner’s pretrial suppression hearing. The state habeas court concluded petitioner’s complaints failed to satisfy either prong of the Strickland test. c.No Deficient Performance Complaints about uncalled witnesses are not favored in federal habeas corpus proceedings because allegations of what a witness would have testified are largely speculative. Graves v. Cockrell, 351 F.3d 143, 156 (5th Cir.2003), cert. denied, 541 U.S. 1057, 124 S.Ct. 2160, 158 L.Ed.2d 757 (2004); Evans v. Cockrell, 285 F.3d 370, 377 (5th Cir.2002); Sayre v. Anderson, 238 F.3d 631, 635-36 (5th Cir.2001). Petitioner presented his state habeas court with no testimony from either Mark Martinez or Tomas Guadalupe. Petitioner faults his trial counsel’s performance, in part, by arguing the prosecution would not have been able to cross-examine either of these witnesses during the hearing on petitioner’s motions to suppress on any matter unrelated to petitioner’s alleged lack of sobriety at the time of petitioner’s arrest. Insofar as petitioner complains about the state habeas court’s conclusion petitioner failed to satisfy the deficient performance prong of Strickland, petitioner’s arguments construe the ex parte pretrial representations his trial counsel made to the trial court too narrowly. It is apparent petitioner’s trial counsel was concerned not solely with what these witnesses might say during cross-examination at petitioner’s suppression hearing regarding petitioner’s intoxication at the time of his arrest but, more significantly, with what the same witnesses might tell prosecutors about other inculpatory information they possessed. For that reason, as petitioner’s counsel explained to the state trial court, said counsel chose not to subpoena either witness from the Rio Grande Valley. Petitioner presented the state habeas court with no evidence establishing his trial counsel acted in an objectively unreasonable manner in choosing not to alert the prosecution to potentially inculpatory information in the possession of these two witnesses. Petitioner presented the state habeas court with no evidence showing his trial counsel’s avowed concerns about the potential for the disclosure of new inculpatory information were objectively unreasonable given the information then available to said counsel. The state habeas court correctly noted a convicted defendant must carry the burden of proof and overcome a strong presumption the conduct of his trial counsel falls within a wide range of reasonable professional assistance. Strickland v. Washington, 466 U.S. at 687-91, 104 S.Ct. at 2064-66. During his state habeas hearing, petitioner made no effort to question his trial counsel regarding the objective reasonableness of said counsel’s belief these witnesses might furnish the prosecution with inculpatory information had those witnesses been brought to San Antonio prior to petitioner’s trial. Petitioner’s complaints ignore the obvious possibility that, having been subpoenaed to testify about petitioner’s sobriety at the pretrial hearing on petitioner’s motions to suppress, these witnesses might have spoken to law enforcement officers in San Antonio about other, inculpatory, information they possessed. Petitioner offered the state habe-as court no evidence establishing either of these witnesses would have refused to speak with law enforcement officers prior to petitioner’s trial about any inculpatory remarks petitioner might have made to them prior to his arrest or any other incul-patory information of which they might be aware, had law enforcement officers questioned those witnesses once they arrived in San Antonio. Petitioner identifies no legal impediment to prosecutors or law enforcement investigators who wished to discuss either of those subjects with Mark Martinez or Tomas Guadalupe doing so after those witnesses had testified regarding petitioner’s sobriety at petitioner’s pretrial hearing. In short, petitioner’s trial counsel expressed to the trial court their concern that subpoenaing these two witnesses to testify at the pretrial hearing on petitioner’s motions to suppress might open a Pandora’s Box and make unspecified incul-patory information, theretofore unknown to the prosecution, available to the prosecution. Petitioner presented the state ha-beas court with no evidence establishing his trial counsel’s concerns in this regard were in any manner objectively unreasonable. Under such circumstances, the state habeas court’s conclusion this aspect of. petitioner’s multifaceted ineffective assistance claim failed to satisfy the deficient performance standard of Strickland was neither contrary to, nor involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. Nor was the state habeas court’s conclusion based on an unreasonable determination of the facts in light of the evidence presented in the petitioner’s state habeas corpus proceeding. d. No Prejudice Furthermore, the state habeas court’s conclusion this aspect of petitioner’s ineffective assistance claims failed to satisfy the prejudice prong of Strickland was likewise reasonable. Aside from petitioner’s own self-serving testimony, petitioner failed to present the state habeas court with any evidence showing either Mark Martinez or Tomas Guadalupe could have offered any .helpful testimony relevant to the admissibility of petitioner’s written confession or petitioner’s volunteered, in-culpatory, oral statements. Petitioner’s conclusory assertion that Mark Martinez could have testified petitioner was intoxicated at the time of petitioner’s arrest was supported by no specific facts showing precisely how Mark Martinez came to possess such knowledge or precisely what else Mark Martinez might have said about petitioner’s mental or physical condition at the time of petitioner’s arrest. Furthermore, as petitioner acknowledges, the issue of petitioner’s alleged intoxication at the time of his arrest was not determinative, under either state or federal law, of the legal question regarding the admissibility of petitioner’s written confession which was given nine hours later after petitioner had been given repeated Miranda warnings. In Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986), the United States Supreme Court rejected the premise underlying petitioner’s first group of ineffective assistance complaints herein, i.e., the argument suggesting the voluntariness of a defendant’s confession somehow turns on the subjective state of mind and mental condition of the defendant. See Colorado v. Connelly, 479 U.S. at 164-67, 107 S.Ct. at 520-22 (repeatedly emphasizing coercive police activity is a necessary predicate to a finding that a confession is not “voluntary” within the meaning of the Due Process Clause of the Fourteenth Amend