Full opinion text
ORDER AND OPINION FRIEDMAN, District Judge. This matter was initiated on September 15, 2005, by a petition for a writ of habeas corpus pursuant to Title 28, United States Code, Section 2254, filed by Robert Stacy Yarbrough (“Yarbrough” or “petitioner”). On June 26, 1998, petitioner was convicted of robbery and capital murder and was sentenced to life imprisonment for robbery and death for capital murder. Thereafter, due to a trial error unrelated to the instant petition, Yarbrough’s case was remanded for a second sentencing proceeding, at which an independent jury similarly concluded that Yarbrough should be sentenced to death on the capital murder conviction. Subsequently, petitioner sought habeas relief at the state level, which was denied, and petitioner then filed his § 2254 petition in this court alleging violations of his federal rights pertaining to both his trial and second sentencing proceeding in the Circuit Court of Mecklenburg County, Virginia. Respondent moved to dismiss petitioner’s § 2254 petition and pursuant to Title 28, United States Code, Section 636(b)(1)(B) and (C), this court referred the instant matter to United States Magistrate Judge F. Bradford Stillman for proposed findings of fact and conclusions of law. Judge Stillman’s Report and Recommendation (“R & R”) concluded that Yar-brough’s petition should be dismissed in its entirety. Yarbrough v. Johnson, No. 2:05cv368, 2006 WL 2583418 (E.D.Va. Sept.5, 2006). After affording petitioner the opportunity to object to the R & R’s findings, this court concurs with the ultimate conclusion of the R & R and largely adopts its reasoning; as set forth in great detail below, Yarbrough’s federal petition for habeas corpus is therefore DENIED and DISMISSED. I. Factual Background The relevant facts have previously been set forth by the Supreme Court of Virginia in Yarbrough v. Com., 258 Va. 347, 519 S.E.2d 602 (1999) (“Yarbrough I”), cert. denied, 535 U.S. 1060, 122 S.Ct. 1925, 152 L.Ed.2d 832 (2002), as well as in various other opinions throughout the lengthy appellate process and various habeas corpus proceedings. However, to aid in resolving petitioner’s numerous federal habeas claims, the facts are repeated below. Yarbrough and Dominic Jackson Rainey had attended high school together in Mecklenburg County prior to Rainey’s moving to Richmond with his mother. While on a subsequent visit to see his grandfather in Mecklenburg County, Rainey renewed his acquaintance with Yarbrough. On May 7,1997, Yarbrough told Rainey of his plan to rob Cyril Hugh Hamby, the 77-year-old owner of Hamby’s Store on U.S. Route 1 in Meck-lenburg County. The following evening, Yarbrough went to Rainey’s grandfather’s house and told Rainey that “he was ready to go rob Mr. Hamby.” Yarbrough and Rainey were seen walking along U.S. Route 1 toward Hamby’s Store between 9:30 and 10:30 p.m. on May 8, 1997. Yarbrough was armed with a shotgun. The two men waited at a picnic table across the road until there were no customers in the store. Yar-brough hid the shotgun under his coat and the two men entered the store. At Yarbrough’s direction, Rainey locked the front door. Yarbrough pointed the shotgun at Ham-by and ordered him to come out from behind the store’s counter. Yarbrough and Rainey took Hamby to the living quarters at the rear of the store where they found an electrical extension cord and string. Yarbrough brought Hamby back into the public area of the store, forced him to lie on the floor in an aisle, and tied Hamby’s hands behind his back with the extension cord and string. Yarbrough went to the store’s electrical circuit box and turned off the outside lights. He then demanded that Hamby reveal where guns were hidden in the store. When Hamby denied having any guns, Yarbrough kicked Hamby in the head and upper left arm. Yarbrough then forced the store’s cash register open by dropping it on the floor and took the money that was in the register. Yarbrough returned to where Hamby was lying and, pointing the shotgun at him, again demanded to be told where guns were hidden in the store. When Hamby again denied having any guns, Yarbrough put down the shotgun, took a knife from his pocket, and began to cut Hamby’s neck with a “sawing motion” as Hamby pleaded with Yarbrough to stop. After cutting Hamby’s neck at least ten times, Yarbrough rifled through Ham-by’s clothing and took his wallet. Yar-brough and Rainey took beer, wine, and cigarettes from the store and left by the back door. Yarbrough gave Rainey one hundred dollars in small bills and kept a larger sum for himself. Yarbrough and Rainey returned to Rai-ney’s grandfather’s house to change clothes and then went to the home of Conrad Dortch to buy marijuana. Dortch was not at home, so Yarbrough and Rainey waited on the porch and drank the wine taken during the robbery. Dortch arrived home at approximately 12:45 a.m. and sold Yarbrough a marijuana cigarette for $10. According to Rainey, Yarbrough was “flashing” his money. When Yarbrough and Rainey left Dortch’s home, Rainey threw an empty wine bottle into the yard. Yarbrough and Rainey returned to Rai-ney’s grandfather’s house where they spent the remainder of the night. Before leaving in the morning, Yarbrough threw his tennis shoes, which were stained with Hamby’s blood, into a trash barrel behind the house. Hamby’s body was discovered at approximately 8:20 a.m. on May 9, 1997 by Betsy Russell, a former employee of Hamby’s who had been informed by a neighbor that “there was something wrong at the store.” A subsequent autopsy revealed that Hamby had bled to death as a result of deep, penetrating wounds to his neck. According to a state medical examiner, Hamby’s wounds were “entirely consistent” with an attempted beheading, however, because no major arteries were cut, it would have taken at least several minutes for Hamby to have bled to death. Hamby also had several blunt force injuries to his head and upper left arm consistent with his having been kicked with moderate force. On May 10, 1997, Dortch contacted the Virginia State Police and told them of his encounter with Yarbrough and Rai-ney. Police later recovered a wine bottle and label from Dortch’s yard. The wine bottle was of a brand that was sold at Hamby’s store. On May 14, 1997, police executed a search warrant at Yarbrough’s home and recovered bloodstained clothing and a three-bladed “Uncle Henry” pocketknife. Police also recovered Yar-brough’s tennis shoes from the trash barrel behind Rainey’s grandfather’s house. DNA testing of the bloodstains found on Yarbrough’s shoes and clothing established a positive match with Ham-by’s blood. DNA tests of blood traces found on the “Uncle Henry” knife established that a mixture of Hamby’s and Yarbrough’s DNA was present on the blade of the knife. Forensic analysis of the bloodstain patterns on Yarbrough’s clothing supported the conclusion that they were consistent with a spray of blood resulting from trauma. An expert testified that the bloodstains on the lower front of Yar-brough’s shirt were made “in close proximity to the trauma that released the blood.” Several shoeprints found in the store were identified as having been made by Yarbrough’s shoes, including those near the circuit box, behind the counter, and in the bloodstains near Hamby’s head. Police also recovered Rainey’s boots and identified prints found near Hamby’s feet and in the living quarters as having been made by these boots. Yarbrough I, 258 Va. at 353-55, 519 S.E.2d at 603-05. II. Procedural Background Subsequent to petitioner’s June 26, 1998 conviction and initial sentence of death on the capital murder charge, petitioner noted his appeal. On Yarbrough’s first direct appeal his convictions on both capital murder and robbery were affirmed as was his life sentence on the robbery conviction, whereas petitioner’s death sentence was vacated and the matter was remanded for a new penalty determination hearing on the capital murder conviction. Yarbrough I, 258 Va. at 374, 519 S.E.2d at 616. Following the second penalty phase proceeding, on June 1, 2000, the jury again recommended a sentence of death and the court imposed such sentence. On petitioner’s second direct appeal, the sentence of death was affirmed. Yarbrough v. Com., 262 Va. 388, 399, 551 S.E.2d 306, 312 (2001) (“Yarbrough II”). After a subsequent request for a rehearing was denied, Yarbrough petitioned the United States Supreme Court for certiorari; on May 13, 2002, such petition was likewise denied. Yarbrough v. Virginia, 535 U.S. 1060, 122 S.Ct. 1925, 152 L.Ed.2d 832 (2002). On July 12, 2002, petitioner filed his first state habeas which was dismissed by the Supreme Court of Virginia on May 29, 2003. Yarbrough v. Warden, No. 021660, at 5 (Va. May 29, 2003) (“Yarbrough III ”); (FAP 000117). On June 30, 2003, Yarbrough filed a petition for a rehearing which was granted on January 7, 2004, by the Supreme Court of Virginia in light of Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003), an intervening United States Supreme Court decision recognizing that defense counsel’s failure to present mitigation evidence during a capital sentencing proceeding may amount to ineffective assistance of counsel. Following remand, on March 16, 2004, the Mecklenburg County Circuit Court held an evidentiary hearing and thereafter submitted its findings to the Supreme Court of Virginia, indicating that although Yar-brough established that his trial counsel had rendered constitutionally deficient performance, Yarbrough was unable to establish resulting prejudice. Yarbrough v. Warden, No. 021660, at 20 (Va.Cir.Ct May 6, 2004) (“Yarbrough IV”); (FAP 000449). On March 3, 2005, the Supreme Court of Virginia affirmed the lower court’s finding that petitioner was not prejudiced by counsel’s penalty phase representation and dismissed Yarbrough’s state habeas petition. Yarbrough v. Warden of Sussex I State Prison, 269 Va. 184, 197, 609 S.E.2d 30, 38 (2005) (“Yarbrough V”). Subsequent to the denial of a rehearing, Yarbrough’s execution was scheduled for June 24, 2005. On June 17, 2005, following Yarbrough’s notice of intent to file a federal habeas petition, this court entered an order staying petitioner’s execution and granting him ninety days to file his federal habeas petition. On September 15, 2005, the petitioner filed his federal habeas petition and the respondent thereafter filed a Rule 5 answer and motion to dismiss. On December 6, 2005, petitioner filed his response in opposition to respondent’s motion to dismiss as well as a “Motion for Funds for Forensic Testing and Expert Assistance”; respondent timely filed a response in opposition to petitioner’s motion. After examining the record, Yarbrough’s habeas petition, and all associated filings, on September 5, 2006, Judge Stillman entered his comprehensive R & R, concluding that all of Yarbrough’s federal habeas claims should be dismissed with prejudice and that a certificate of appealability should be denied; likewise, the R & R recommends denial of the motion for funds for expert assistance. After affording petitioner adequate time to review the Magistrate Judge’s detailed findings and file objections thereto, as well as permitting respondent to file a reply, the R & R is now ripe for review by this court. The court, having reviewed all pertinent portions of the bulky record, makes de novo determinations with respect to the portions of the R & R to which objections were filed, and here, petitioner objects to nearly every finding made by the Magistrate Judge. After conducting the appropriate review, this court adopts the R & R, with comments and slight modifications, reaching the same ultimate conclusions that petitioner’s federal habeas petition be dismissed with prejudice and that his request for expert funds be denied. This court does, however, grant petitioner a certificate of appealability on his ineffective assistance claim regarding DNA evidence, discussed thoroughly below in Part IV(D). III. Standard of Review A. Procedural Default As explained in the R & R, a federal court may not entertain a claim advanced in a federal habeas petition unless the petitioner complied with the applicable state procedures and exhausted state remedies with respect to such claim. 28 U.S.C. § 2254(b); Clagett v. Angelone, 209 F.3d 370, 378 (4th Cir.2000). To qualify as “exhausted,” claims must be “fairly presented” to the state court, meaning that petitioner must have presented “both the operative facts and the controlling legal principles.” Matthews v. Evatt, 105 F.3d 907, 911 (4th Cir.1997) (citations omitted). Although all of Yarbrough’s claims were exhausted in state court, claims fairly presented to the state court may nevertheless be deemed “procedurally defaulted” and barred from federal habeas review if the state court denied such claims pursuant to an “adequate and independent state ground.” Burket v. Angelone, 208 F.3d 172, 184 (4th Cir.2000); see Harris v. Reed, 489 U.S. 255, 260, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“This Court long has held that it will not consider an issue of federal law on direct review from a judgment of a state court if that judgment rests on a state-law ground that is both ‘independent’ of the merits of the federal claim and an ‘adequate’ basis for the court’s decision.”). Without such rule, federal habeas proceedings would offer state prisoners the opportunity to undermine the state’s enforcement of its own laws. Coleman v. Thompson, 501 U.S. 722, 731, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). Under Virginia’s state procedural rules, “claims that are not presented at trial generally cannot be presented on direct appeal”; likewise, claims not raised on direct appeal “generally cannot be raised in state habeas proceedings unless petitioner also raises an ineffective assistance of counsel claim in the habeas proceedings”; finally, “claims not raised in an initial state habeas petition cannot generally be raised in subsequent state habeas petitions.” Clagett, 209 F.3d at 378-79. A petitioner on federal habeas review may overcome the bar prohibiting consideration of claims deemed procedurally defaulted by establishing: (1) “cause” for the default; and (2) “resulting prejudice”; or, in the alternative, by establishing that a “fundamental miscarriage of justice” will result. Clagett, 209 F.3d at 379; see Coleman, 501 U.S. at 750, 111 S.Ct. 2546 (“We now make it explicit: In all cases in which a state prisoner has defaulted his federal claims in state court ... federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice.”). One manner in which a prisoner can justify failing to previously raise a claim is “by proving that he was deprived of constitutionally effective assistance of counsel.” Clagett, 209 F.3d at 379. B. Ineffective Assistance of Counsel The Sixth Amendment dictates that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence.” U.S. Const. amend. VI. Such right to counsel has been construed to require the effective assistance of counsel. Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In order to establish a valid claim that counsel’s performance failed to meet such constitutional standard, a defendant must prove both: (1) that defense counsel’s conduct fell below an objective standard of reasonableness; and (2) that defendant suffered prejudice as a result of his attorney’s deficient performance. Strickland, 466 U.S. at 687-91, 104 S.Ct. 2052; Clagett, 209 F.3d at 380. Turning to the first prong of Strickland, “there exists a strong presumption that counsel’s conduct was within a wide range of reasonably professional conduct, and courts must be highly deferential in scrutinizing counsel’s performance.” Kratsas v. United States, 102 F.Supp.2d 320, 322 (D.Md.2000). Furthermore, evaluating counsel’s conduct in retrospect requires that “every effort be made to eliminate the distorting effects of hindsight ... and to evaluate the conduct from counsel’s perspective at the time.” Strickland, 466 U.S. at 689, 104 S.Ct. 2052. Such deferential standard “appreciate^] that counsel may choose a trial strategy from within a wide range of acceptable strategies.” Clagett, 209 F.3d at 380. The second prong of Strickland, requiring “prejudice,” turns on whether a defendant establishes a “reasonable probability that, but for counsel’s unprofessional conduct, the result of the proceedings would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052. A reasonable probability that the result would be different exists if the alleged error “undermine[s] confidence in the outcome.” Id. In applying the two part Strickland standard, a reviewing court need not make a determination concerning the attorney’s performance under the first prong where it is clear that no prejudice would result even if the attorney’s representation had been deficient. Id. at 697, 104 S.Ct. 2052. C. The AEDPA Standard on Federal Habeas Review If a claim has not been defaulted, or if a petitioner overcomes a prior default, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) provides the governing standard for determining whether a federal habeas claim should be granted. 28 U.S.C. § 2254(d). The AED-PA provides: An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim — • (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254(d). Applying such standard, the United States Supreme Court has clarified: “Stated simply, a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Williams v. Taylor, 529 U.S. 362, 409, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). Likewise, the Fourth Circuit has explained: [A] state court adjudication is “contrary to” clearly established federal law only if “the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the Supreme] Court has on a set of materially indistinguishable facts.”... [A] state court decision unreasonably applies clearly established federal law if, despite correctly identifying the governing legal principle, it “unreasonably applies that principle to the facts of the prisoner’s case.” Burch v. Corcoran, 273 F.3d 577, 583 (4th Cir.2001) (quoting Williams, 529 U.S. at 413, 120 S.Ct. 1495). Accordingly, when considering the merits of petitioner’s habe-as claims, this court must afford the state court’s decisions the “benefit of the doubt,” including “both the state court’s legal conclusions and its factual findings.” Lenz v. Washington, 444 F.3d 295, 299 (4th Cir.2006); see also Bell v. Cone, 543 U.S. 447, 455, 125 S.Ct. 847, 160 L.Ed.2d 881 (2005). IV. Petitioner’s Objections to the R & R A. Claim One: Ineffective assistance based upon trial counsel’s failure to investigate and present mitigating evidence Petitioner’s first claim is that his trial counsel provided ineffective assistance by failing to adequately investigate petitioner’s personal background. Petitioner’s federal habeas petition and objections to the R & R indicate that such claim has two parts. First, petitioner argues that the Supreme Court of Virginia unreasonably applied the United States Supreme Court precedent set forth in Rompilla v. Beard, 545 U.S. 374, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005), Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003), and Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000) and that the R & R failed to fully address the merits of such claim. Second, petitioner argues that the state court made unreasonable determinations of the facts in light of the testimony presented at the evidentiary hearing conducted on March 16, 2004. As set forth below, petitioner’s objections to the R & R are overruled. (1) Unreasonable Application of Rom-pilla, Wiggins, and Williams The court summarily rejects petitioner’s allegation that the state court incorrectly applied Strickland, Rompilla, Wiggins, and Williams by comparing the facts of such cases with the facts of Yarbrough’s case in a checklist fashion. Although, it is clear that the Supreme Court of Virginia compared the instant record to the facts of Wiggins and Williams, a complete reading of the opinion reveals that such comparison was merely for illustrative purposes and petitioner’s attempt to establish error by highlighting the court’s comparison ignores the opinion’s express justification for its ruling. Yarbrough V, 269 Va. at 200-01, 609 S.E.2d at 39-40. Tellingly, the opinion not only properly sets forth the applicable rule that “[i]n determining prejudice, we ‘reweigh the evidence in aggravation against the totality of available mitigating evidence,’ ” id. at 200, 609 S.E.2d at 39 (quoting Wiggins, 539 U.S. at 534, 123 S.Ct. 2527), but the court properly applied such rule by comparing the newly advanced “mitigation evidence concerning Yarbrough’s childhood home life,” such as his mother’s crack addiction, with the “evidence in aggravation at Yarbrough’s second penalty phase proceeding,” such as the fact that the victim’s wounds suggested an attempted decapitation and the victim was left to. slowly bleed to death which may have taken as long as 15 minutes. Id. at 200-01, 609 S.E.2d at 39-40. It is therefore readily apparent that Yarbrough has failed to set forth an unreasonable application of United States Supreme Court precedent. (2) Unreasonable Determination of the Facts Petitioner’s objections to the R & R categorize numerous factual determinations made by the Virginia courts as “unreasonable determinations of fact” in light of the record. The court reviews de novo each of Yarbrough’s objections to the R & R’s findings. (a) Testimony of Dorian Jenkins and Anthony Riley was not credible After independently reviewing the transcript of the evidentiary hearing conducted on March 16, 2004, and the Supreme Court of Virginia’s opinion affirming the Circuit Court’s findings, this court concurs with the Magistrate Judge’s conclusion that it was not unreasonable for the state courts to deem the testimony provided by Dorian Jenkins (“Jenkins”) and Anthony Riley (“Riley”) not to be credible. Although petitioner’s objections to the R & R highlight some confusion regarding whether Jenkins and Riley’s testimony was corroborated by other evidence, the record reveals that some portions of such testimony were plainly corroborated, while other portions were not only uncorroborated, but were directly contradicted by other testimony. Furthermore, when testimony from witnesses who were adults during Yarbrough’s youth is compared to that of Jenkins and Riley, who were between four and nine years old when the pertinent events occurred, the discrepancies are generally a matter of degree. For example, while all witnesses acknowledge that Yar-brough’s mother and other adults used drugs in the petitioner’s home, the adult witnesses all characterized their drug use as hidden as best as possible from the children, occurring while the children were at school, napping, or required to remain upstairs, whereas Riley’s testimony indicates that petitioner and Riley “would often be sent to go retrieve [marijuana]” from a dresser or were told “[g]o get my joint out of the ashtray” and that Riley remembers seeking cocaine around the house when he was only six or seven and that the young children could relate to razor blades and mirrors with powder on top at such a young age based on “seeing things depicted on television” (March 2004 Evidentiary Hearing Tr. 231-33) (“Evid. Hearing Tr.”); (FAP 000363-65). Similarly, while Yarbrough’s mother testified that the children, including petitioner, were required to stay upstairs in their room while the adults used drugs in the basement, Jenkins and Riley characterized such episodes more akin to jailhouse lockdowns where the children had to urinate in a soda bottle or urinate on themselves for fear of leaving their room and if they did try to enter the basement they would “have got [sic] popped, smacked, punched you know, for — that was like trespassing” (Evid. Hearing Tr. 237, 253-56); "(FAP 000369, 000385-88). Although drug use and keeping the children upstairs and away from such drug use is plainly a consistent strand across all the witnesses’ testimony, thereby in a sense “corroborating” the testimony of Jenkins and Riley, the degree of mistreatment and neglect presented by Jenkins and Riley, who were young children at the time of the relevant events, was not corroborated and in many instances contradicted by adults, including petitioner’s mother, who if anything had a motive to exaggerate the negative character of past living conditions in order to improve her son’s chances of avoiding a death sentence. This court does not have the benefit of hearing the live testimony presented at the evidentiary hearing; however, as a trial court it recognizes the importance of weighing the credibility of not only witnesses’ words, but also the manner in which they conduct themselves on the witness stand. That being said, merely reading the cold transcript of Riley’s testimony supports the state court’s finding that his testimony appeared exaggerated. Likewise, although the majority of Jenkins’ testimony appears genuine, even if Jenkins was testifying to what she believed was the truth, such testimony related to events occurring when she was only four or five years old and it was plainly reasonable for the state court to question the accuracy of such testimony, especially in the face of conflicting testimony from adult family members who themselves may have the motivation to exaggerate neglect. Furthermore, although this court may have interpreted the testimony differently if presiding over the evidentiary hearing, it is not within the province of this court to substitute its opinion for that of the Virginia courts. Frye v. Lee, 235 F.3d 897, 903 (4th Cir.2000) (finding that a federal court may not grant habeas relief merely because a state court decision was erroneous or incorrect). Rather, this court must only consider whether the state courts’ decisions giving little weight to the testimony of Jenkins and Riley are reasonable in light of the evidence. Based on an independent review of the transcript of petitioner’s evidentiary hearing, nothing suggests that the Virginia courts’ factual determinations are unreasonable. (b) Supreme Court of Virginia mis-characterized the findings of the trial court Petitioner next finds fault with the Supreme Court of Virginia’s finding that the trial court rejected the testimony of Jenkins and Riley as incredible and “made its findings of fact based on the remaining evidence received at the habeas hearing.” Yarbrough V, 269 Va. at 200, 609 S.E.2d at 39. Although petitioner is correct that at one point in the trial court’s recommendation, the court explained that Yarbrough failed to establish Strickland prejudice even if the testimony of Jenkins and Riley was construed as true, such alternative finding does not alter the fact that the trial court appears to have generally rejected such testimony as unreliable. A complete reading of the recommendation reveals that a reasonable construction of the court’s “findings of fact” was that both Jenkins and Riley’s testimony was “troublesome,” and should be dismissed as unreliable. As a result, the Supreme Court of Virginia’s acceptance of the trial court’s “findings of fact” and decision to give no weight to Jenkins and Riley’s testimony is both consistent with the trial court’s findings and this court’s independent review of the transcript. Therefore, petitioner is unable to establish that the Supreme Court of Virginia’s opinion was premised upon an unreasonable determination of the facts in light of the record. (c) Yarbrough’s mother did not provide adequately for him after she admitted her addiction to crack and she did not curtail her crack use Petitioner’s next two claims contend that the evidence does not support the Supreme Court of Virginia’s findings that Lorraine Mitchell (“Mitchell”), Yar-brough’s mother, at times provided adequately for Yarbrough and that Mitchell did not use drugs regularly after she admitted her drug addiction. After independently reviewing the transcript of the evi-dentiary hearing, the court adopts the Magistrate Judge’s finding that the state court was not unreasonable for making such determinations. Turning to the ree-ord, although there was ample evidence before the trial court indicating that petitioner’s mother was a serious drug addict for a period of years and that she repeatedly relapsed after admitting her drug problem, there was also testimony indicating that after her addiction was at its worst and she for a time lost both her daughter and her son, she worked hard to fight her addiction and was thereafter relapsing rather than consistently using crack on a daily basis as she had in the past (Evid. Hearing Tr. 114-18); (FAP 000247-51). Specifically, Mitchell testified that when she started using crack she was a “functional” addict and still taking care of her daily responsibilities as a housewife and mother that was meeting the needs of her children (Evid. Hearing Tr. 113); (FAP 000246). As Mitchell’s drug use worsened, her appearance deteriorated as did her housekeeping, bill paying, and frequency of cooking dinners for the children (Evid. Hearing Tr. 150-51); (FAP 000283-84). However, Willis Jenkins, Dorian Jenkins’ father who lived with Mitchell and Yarbrough from approximately 1980-1987, indicated under oath that he helped care for petitioner, had a good relationship with him, and that both Dorian Jenkins and the petitioner had food to eat and a place to live (Evid. Hearing Tr. 155-57); (FAP 000288-90). Similarly, Yarbrough’s grandmother testified that the children always had food and that she checked up on the children to make sure they were doing alright (Evid. Hearing Tr. 203-04); (FAP 000336-37). Willis Jenkins further noted that even after Mitchell’s crack abuse worsened she took care of the children “on and off” (Evid. Hearing Tr. 159); (FAP 000292). Mitchell admitted to the court that when she “hit rock bottom,” struggling with severe addition, Willis Jenkins removed Dorian Jenkins from Mitchell’s home (Evid. Hearing Tr. 79-80); (FAP 000212-13). Likewise, Mitchell and Yarbrough’s father agreed to send petitioner, age 10 or 11, to Illinois to live with his brother (Evid. Hearing Tr. 78-79); (FAP 000211-12). Petitioner was only in Chicago for about a year as losing Dorian permanently, and losing Yarbrough for a year, was a “wake up call” that made Mitchell work toward getting her life back together (Evid. Hearing Tr. 84-85); (FAP 000217-18). Although petitioner admits that she did not beat her addiction at such time, she once again became “functional” and Yar-brough’s father was willing to let him return from Illinois after only a year because Mitchell was looking like herself again and it at least appeared that she had stopped using drugs (Evid. Hearing Tr. 113-115, 180-81); (FAP 000246-48, 000313-14). Further testimony from Mitchell indicated that on several occasions she sought help from both her family and counselors and that after moving to the Eastern Shore, she was working outside the home and even saving some of the money that she earned (Evid. Hearing Tr. 84-85, 122); (FAP 000217-18, 000255). Although Mitchell admits that during Yarbrough’s teenage years she was still battling her addiction which was “a struggle every day,” she indicated that her son moved back in with her when she was living on the Eastern Shore because they both wanted to be together (Evid. Hearing Tr. 121-24); (FAP 000254-57). Considering the testimony set forth above, the court finds that the Virginia Supreme Court was not unreasonable for concluding that petitioner’s mother adequately provided for him at times and that after Mitchell admitted her addiction and started trying to beat it, she took better care of petitioner and abused crack less regularly. Petitioner’s mother freely admitted her crack use over the years and the severity of such use, and the state court was not unreasonable in reaching the challenged conclusions. (d) Prison counselor’s testimony was not “personal background” information Yarbrough next claims that the state court was unreasonable for classifying the testimony of petitioner’s prison counselor as “personal background” information. As stated in the R & R, such claim does not allege that the trial court made an unreasonable finding of fact, but instead is better characterized as arguing that the state court placed an unreasonable label on an undisputed factual finding. First, the label placed on such evidence is both reasonable and accurate as the prison counselor’s testimony suggested that Yar-brough would not misbehave in prison were the jury to sentence him to life imprisonment. Second, even if inaccurate, here, the label is largely irrelevant as the Circuit Court, the Supreme Court of Virginia, the federal Magistrate Judge, and this court’s findings all turn not on whether petitioner’s counsel was ineffective for failing to present any “personal background” information, but rather, whether such failure prejudiced petitioner. Thus, even if this court disagrees with the state court’s characterization of such evidence and concludes that, similar to Wiggins, defense counsel presented absolutely no personal background information and that such failure amounts to constitutionally deficient performance, Yarbrough’s claim nevertheless fails as he is unable to establish the prejudice prong of Strickland. (e) State court failed to address or consider significant evidence presented by Yarbrough at the evi-dentiary hearing Petitioner’s final factual argument contends that the state courts failed to consider certain evidence presented at the evi-dentiary hearing and that the Circuit Court merely recounted portions of witnesses’ testimony rather than making factual findings. Although petitioner is correct that the Circuit Court could have more effectively stated its “findings of fact” and avoided both conclusory statements and simply repeating excerpts from the record, such unartful statements nevertheless reflect the Circuit Court’s factual findings and summarize the testimony that it found compelling. The Supreme Court of Virginia adopted such findings, indicating that although “Yarbrough faced periods of privation and neglect ... [and] often cared for himself and his sister,” he was “not physically or sexually abused as a child ... [and] no mitigation evidence ... show[ed] that Yarbrough has a diminished mental capacity.” Yarbrough V, 269 Va. at 200-01, 609 S.E.2d at 39-40. After reviewing the record de novo, the court finds, first, that the state court’s findings of fact were reasonable in light of the record because although it is clear that petitioner had a rough childhood, the evidence also established that Yarbrough always had a roof over his head, food to eat, and a mother and grandmother that cared for him. Second, Yarbrough is unable to advance anything beyond conclusory statements to suggest that the state court’s unartful summary of the facts equates to ignoring evidence. Although the transcript from the evidentiary hearing plainly reveals that Yarbrough was neglected at times, the state court adequately addressed such claim, and its findings of fact and conclusion that petitioner failed to establish Strickland prejudice are not “unreasonable” in light of controlling Supreme Court precedent. As a result, petitioner’s objections to the R & R relating to the state courts’ factual findings are overruled. B. Claim Two: Jurors Woodson and Bugg were stricken in violation of Batson As set forth in detail in the R & R, at Yarbrough’s second sentencing hearing, the Circuit Court appears to have concluded that defense counsel established a pri-ma facie showing that the Commonwealth exercised its peremptory strikes in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), as 60% of the venire members who were the same race as petitioner were struck from the panel. As a result of such finding, the state prosecutor proffered a race-neutral justification for each of the three peremptory strikes exercised to remove African-American jurors from the .qualified jury pool. Petitioner now challenges the removal of two of the three jurors originally challenged, Melvin Woodson and Virginia Bugg. Although petitioner acknowledges that his claim with respect to juror Bugg is defaulted, he argues that such default occurred as a result of ineffective assistance of counsel. (1) Juror Woodson Petitioner contends that Melvin Woodson (“Woodson”), an African-American juror, was improperly removed based upon his race. Briefly recounting the facts, upon motion by the defense, the court required the prosecution to present a race-neutral justification for utilizing a peremptory strike on juror Woodson. The prosecution initially offered two explanations: first, that it was troubled by the way Woodson was looking at the defendant in court; and second, that it was unable to hear Woodson’s response to defense counsel’s final question but was aware that the topic involved race and based on the Commonwealth’s perception of defense coun-sel’s reaction, the prosecution concluded that Woodson’s sympathies lied with the defendant (May 30, 2000 Sentencing Tr. 331-32). After hearing such justifications, the court cleared up the confusion regarding Woodson’s response to the final voir dire question and the Commonwealth conceded that such response did not suggest that Woodson’s sympathies lied with the defendant (Sentencing Tr. 333-34). However, after being permitted to reconsider its strike, the prosecution chose not to withdraw it, then indicating to the court that Woodson’s occupation as a teacher suggested that his sympathies may lie with the defendant. After conducting a de novo review of the transcript, the court concludes that the Virginia courts did not unreasonably apply United States Supreme Court precedent nor make an unreasonable factual determination in finding that the strike of juror Woodson did not violate Batson. First, as dictated by the United States Supreme Court, the Supreme Court of Virginia properly afforded significant deference to the trial judge’s findings as “findings in the context [of a Batson challenge] ... largely will turn on evaluation of credibility, [therefore] a reviewing court ordinarily should give those findings great deference.” Batson, 476 U.S. at 98, 106 S.Ct. 1712. Second, because the instant facts involved a two stage Batson challenge, the state courts properly considered all of the prosecution’s justifications for striking Woodson. In the first stage of the Batson challenge, the prosecution explained that its concern was first aroused by the manner in which Woodson was looking at the defendant and that such concern was multiplied when the prosecution misheard and misinterpreted a response given by juror Woodson; the fact that the court also had difficulty hearing Woodson’s response to the final question lends credence to the Commonwealth’s proffered race-neutral justification. Although this court would have handled matters differently if unable to hear a potential juror’s responses to voir dire questions, it cannot deem the state court’s factual and credibility determinations as “unreasonable” merely because such court failed to ask Woodson to repeat himself. In the second stage of the Batson challenge, the prosecution was again permitted the opportunity to either seat or strike Woodson and the Commonwealth persisted in its decision to strike him, relying on Woodson’s occupation as a teacher. Although petitioner attempts to characterize the “teacher” justification as being suggested by the court, such claim miseharac-terizes the record as the court did not suggest that Woodson’s occupation was a permissible reason to strike him, but rather, the court merely referred to Woodson as “the teacher” as a means to differentiate him from the other jurors. Furthermore, the prosecution’s increased concern about the potential for undue sympathy because petitioner was a teenager and Woodson a teacher appears natural in light of the preceding conversation where the court, defense counsel, and even the court reporter referenced Woodson as a teacher. In addition to Woodson’s occupation, the way that Woodson looked at the defendant during the voir dire remained a viable “race-neutral” justification accepted by the court that was in the best position to judge the credibility of the attorneys. As a result, neither the Circuit Court in so ruling, or the Supreme Court of Virginia in affirming such ruling, unreasonably applied United States Supreme Court precedent or reached a factual determination that was unreasonable based upon the record. Petitioner is therefore unable to establish a Batson violation with respect to juror Woodson. (2) Juror Bugg Petitioner’s Batson challenge involving the Commonwealth’s strike of Virginia Bugg (“Bugg”), an African-American juror, does not allege that Bugg was stricken based upon her race, but rather, contends that the prosecution hatched a scheme where it intentionally avoided utilizing a well justified strike for cause, retaining Bugg on the .qualified jury panel knowing that she would be removed with a peremptory strike; such scheme was not targeted at Bugg but was allegedly intended to avoid seating Emma Blakeney (“Blake-ney”), an African-American juror that the prosecution lacked an adequate basis for striking. To clarify, petitioner acknowledges that the Commonwealth had a race-neutral reason to strike Bugg, but claims that it utilized such valid reason in a deceitful manner in order to accomplish the equivalent of striking Blakeney, a potential juror that the prosecution did not have a race-neutral reason for striking. Petitioner’s novel claim with respect to the alleged scheme faces an additional hurdle as such claim has been defaulted and petitioner must therefore establish both cause and prejudice to succeed on such claim; Yar-brough attempts to do so by establishing ineffective assistance of counsel. Petitioner’s Batson claim involving jurors Bugg and Blakeney fails for three reasons. First, as discussed in the R & R, the protections offered by Batson have not been extended by the Supreme Court to those individuals that are not stricken from the jury pool. Here, the prosecution never struck Blakeney; rather, the qualified pool of twenty-four jurors was simply filled before Blakeney’s opportunity to join the pool arose. Because petitioner offers no legal support for his creative argument that a Batson violation may be established in such a manner, petitioner is unquestionably unable to establish that defense counsel was deficient for failing to preserve such a novel legal theory. Second, even if seating one juror to avoid qualifying another is legally sufficient to establish a Batson violation in narrowly defined circumstances, here, the prosecution offers a race-neutral and reasonable justification for its actions; namely, that the prosecution was not aware of Bugg’s mental deficiencies until after she was seated on the qualified pool. The petitioner offers no evidence suggesting that the prosecution had such information when it failed to move to strike Bugg for cause; thus, petitioner has no evidence other than conjecture that a “scheme” existed and therefore cannot establish a Bat-son violation and certainly cannot establish ineffective assistance for failing to preserve such argument. Third, on these facts, the scheme alleged by petitioner is plainly fantastic as even if the prosecution was aware of juror Bugg’s mental capacity issues from the outset, to succeed in the alleged scheme the prosecution would need to prophesy that by retaining Bugg, a member of jury panel nine, it would be able to avoid seating Blakeney, a member of jury panel thirteen who missed being seated on the qualified pool by only one position. In order to predict such outcome, the prosecution would have had to foresee all the individuals in panels ten, eleven, twelve, and thirteen that would be stricken based on challenges for cause advanced by both the defense and the Commonwealth. Based on the forgoing, it is readily apparent that petitioner is unable to establish an unreasonable application of the facts or United States Supreme Court precedent; it is even more evident that petitioner fails to establish ineffective assistance for failure to preserve a meritless and fantastic allegation in support of which petitioner only offers conjecture. (3) Objection to the R & R’s legal analysis In addition to petitioner’s Batson claims discussed above, Yarbrough challenges the legal analysis set forth in the R & R because the Magistrate Judge recommends dismissal of petitioner’s Batson claims even though the R & R concludes that the Supreme Court of Virginia incorrectly relied on the “teacher” justification and “appeared to conflate the requirements for making the prima facie case (step 1 of Batson) with the requirements for determining if a proffered race-neutral justification is a pretext for discrimination (step 3 of Batson).” Yarbrough v. Johnson, No. 2:05cv368, 2006 WL 2583418, at *16 (E.D.Va. Sept.5, 2006). After conducting a de novo examination of the record, this court concurs with the resolution recommended in the R & R; however, this court’s conclusion is predicated on alternative analysis as a careful examination of both the Supreme Court of Virginia’s September 2001 and May 2003 opinions reveals that the state court reasonably applied the pertinent United States Supreme Court precedent. First, the portion of the September 2001 opinion addressing the removal of juror Woodson was properly deferential to the trial court as is required by Supreme Court precedent when a Batson challenge turns on a credibility determination, see Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991) (discussing the deference owed to the trial judge when re-evaluating alleged discriminatory intent because “evaluation of the prosecutor’s state of mind based on demeanor and credibility lies peculiarly within a trial judge’s province”) (citations omitted). Likewise, the Supreme Court of Virginia properly presumed a prima facie showing of purposeful discrimination and then required the Commonwealth to proffer a race-neutral justification for striking juror Woodson; nothing about such application of Batson was unreasonable. Yarbrough II, 262 Va. at 395, 551 S.E.2d at 310. Additionally, as discussed above, this court concludes that it was reasonable for the Supreme Court of Virginia to consider Woodson’s occupation in reviewing the trial court’s Batson analysis as such justification was plainly relevant to the second stage of the Batson challenge. Second, the portion of the May 2003 opinion addressing juror Bugg properly applies the only Supreme Court precedent that it need reach, that is, whether petitioner established both deficient performance and prejudice under the Strickland standard. Yarbrough III, at 5; (FAP 000121). Because petitioner’s claim with respect to juror Bugg was procedurally defaulted, any Batson analysis performed by the Supreme Court of Virginia, whether correct or incorrect, reasonable or unreasonable, is irrelevant as the court properly concluded that petitioner failed to establish either cause or prejudice as “[njothing in the record supports the conclusion that the prosecutor’s use of a peremptory strike to remove juror Bugg was a pretext for racial discrimination.” Id. To clarify, as there is nothing in the record to suggest that the prosecution’s actions were racially motivated, defense counsel’s prior decision to abandon such claim cannot possibly be deemed outside the “wide range of reasonably professional conduct.” Kratsas, 102 F.Supp.2d at 322. Additionally, any claim of prejudice stemming from counsel’s failure to pursue such argument is undermined by both the fact that Bugg’s mental capacity was grounds for a strike for cause and the fact that Batson’s protections do not likely extend to juror Blakeney because she was never struck from the jury pool. As a result, because the Supreme Court of Virginia reasonably applied Strickland, the controlling United States Supreme Court precedent that eliminated the need to reach the merits of petitioner’s Batson claim, any analysis regarding the merits of such claim is inconsequential, even if flaws exist. Accordingly, after a de novo review, this court rejects petitioner’s claim that the Supreme Court of Virginia’s decision was contrary to, or involved an unreasonable application of, clearly established federal law as such court properly applied Strickland, concluding that petitioner “satisfies neither the ‘performance’ nor the ‘prejudice’ prong of the two-part test enunciated in Strickland.” Yarbrough III, at 5; (FAP 000121). C. Claim Three: Misrepresentations at trial regarding the burden of conviction Petitioner’s next claim argues that Yar-brough’s constitutional rights were violated because the jury was mislead about the applicable burden of proof. Specifically, Yarbrough challenges both the trial court’s reasonable doubt instruction and the prosecution’s comments during closing arguments regarding the definition of “beyond a reasonable doubt.” Although Yarbrough concedes that such arguments are procedurally defaulted, he purports to overcome such default by establishing ineffective assistance based upon counsel’s failure to object. (1) Ineffective Assistance: Failing to object to the reasonable doubt instruction The Magistrate Judge, after examining the jury instruction at issue and several cases discussing reasonable doubt instructions, determined that because the instruction offered by the court was proper, defense counsel need not have objected and certainly could not be considered ineffective for failing to object, even if such instruction was not ideal. Although petitioner obviously doesn’t agree with such conclusion, petitioner offers little in the way of an objection to such finding. As a result, this court adopts the finding of the Magistrate Judge, noting that the trial court’s instruction was not a self-composed instruction confounding the standard of proof, but rather, was Virginia Model Jury Instruction No. 2.100 which concluded with the explanation: “A reasonable doubt is a doubt based on your sound judgment after a full and impartial consideration of all the evidence in the case” (Joint Appendix 1146-47); see O’Dell v. Com., 234 Va. 672, 698-99, 364 S.E.2d 491, 506 (1988) (rejecting the defendant’s claim that the reasonable doubt instruction identical to the instant instruction was improper, stating: “We find this language properly balanced the instruction as to what constitutes proof beyond a reasonable doubt ... [and] the trial court did not err in granting this instruction”). Although Yarbrough’s trial counsel certainly had the ability to lodge an objection to such model instruction and argue that portions of it were imprecise, counsel’s failure to object to such approved model instruction in no way suggests deficient performance; likewise, Yarbrough does not establish prejudice. (2) Ineffective Assistance: Failing to object to prosecutor’s burden of proof remarks In addition to Yarbrough’s challenge to the court’s jury instruction, pe-titioner alleges that trial counsel was ineffective for failing to object to the prosecutor’s explanation of reasonable doubt during closing arguments. After reviewing the R & R and the trial transcripts, it is apparent that the R & R mistakenly relied upon the transcript from petitioner’s second sentencing hearing, whereas petitioner’s habeas claim alleges misstatements occurring at petitioner’s trial. The analysis below is based on a de novo review of the transcript of petitioner’s trial. Notably absent from petitioner’s habeas petition or objections to the R & R is a detailed discussion aimed at establishing that petitioner’s counsel was ineffective for failing to object to the prosecutor’s burden of proof remarks. Rather, although Yar-brough concedes that the merits of his claim are procedurally defaulted, he purports to overcome such default by merely stating, in conclusory fashion, that prior counsel was ineffective; after making such unsupported claim, petitioner jumps right into the merits of his admittedly defaulted claim. After spending significant time reviewing the transcript of both the Commonwealth’s and defense counsel’s closing arguments, it is apparent that defense counsel’s conduct was “within [the] wide range of reasonably professional conduct.” Kratsas, 102 F.Supp.2d at 322 (D.Md.2000). The transcript from Yarbrough’s trial plainly reveals that, in light of the prosecutor’s questionable statements, mounting an objection was permissible, and maybe even preferable; however, defense counsel instead chose to clarify and correct such questionable statements during his closing argument and such tactic was also permissible, see Clagett, 209 F.3d at 380 (recognizing that courts “must not permit hindsight to distort [the] assessment of counsel’s performance, and ... must appreciate that counsel may choose a trial strategy from within a wide range of acceptable strategies”). First, to counter the Commonwealth’s statements, defense counsel explained to the jury that “if you conclude that somebody is probably guilty of a crime, you have not found him guilty beyond a reasonable doubt” (Joint App. 1175). Second, defense counsel explained the reality that “[w]e don’t have [a] very good instruction on this. Proof beyond a reasonable doubt is a pretty hard concept to grasp” (Joint App. 1188-89). Defense counsel then set forth several examples attempting to illustrate what a high standard the jury was called on to apply, suggesting that to convict beyond a reasonable doubt the jurors needed as much evidence as they would require “to make a very important decision in [their] own life,” such as the decision to buy a home, or have a baby or adopt a child knowing that they would “have this youngster’s life in [their] hand” (Joint App. 1189-90). Defense counsel also indicated that, as he had explained during voir dire, the defendant is presumed innocent and the prosecution must prove the defendant’s guilt to such a degree that the jurors are confident with their decision and can “go home and get a good night’s sleep and look at [themselves] in the mirror tomorrow morning” (Joint App. 1191-92). Third, defense counsel indicated that the juror’s decision would extend beyond Yarbrough’s trial and that it was up to the jury to “keep the standard high” because anyone, the jurors or their friends or family, could be falsely accused and “[i]f anybody stands trial in the country, we want the standard to be high as the law demands it. Proof beyond a reasonable doubt is a high standard, and the prosecution has to have brought you up there.... We want the standard to stay high for ourselves, for all of us” (Joint App. 1192). Fourth, at the conclusion of defense counsel’s closing, he states: “You will not hear from me anymore. [The prosecutor] gets to make closing arguments, and that is fair .... [because] [t]he burden upon him is so heavy, so great, that the law allows him a second closing argument” (Joint App. 1196). Following defense counsel’s extensive closing remarks regarding reasonable doubt, the jury did hear from the prosecutor again; however, although the prosecutor countered numerous points raised by the defense, and although the prosecutor again asked the jury to use its common sense when weighing the evidence, the rebuttal made no attempt to redefine reasonable doubt nor state that the standard set forth by defense counsel was too high. Accordingly, after considering the totality of the statements made by both the court and counsel during opening statements, jury instructions, and closing arguments, petitioner is unable to establish that defense counsel was ineffective for failing to object to the prosecution’s closing argument. Although the prosecution’s reasonable doubt comments may have temporarily muddled the Commonwealth’s burden of proof, taken in context with defense counsel’s closing argument that focused extensively on the prosecution’s onerous burden, defense counsel’s performance was not deficient because he opted to counter the prosecution’s remarks rather than lodge a formal objection. Because defense counsel’s strategic decision is not outside of the wide range of acceptable professional conduct, petitioner’s claim is procedurally defaulted and therefore dismissed. D. Claim Four: Ineffective Assistance for failing to seek funds to hire a DNA expert and/or mount a more significant challenge to the prosecution’s forensic evidence Petitioner’s next claim, and the strongest in his federal habeas petition, is that petitioner’s trial counsel was ineffective for unreasonably failing to subject the Commonwealth’s DNA evidence to virtually any scrutiny. Specifically, petitioner contends that defense counsel failed to request public funds in order to subject the physical evidence to independent testing, hire a DNA expert to testify on Yar-brough’s behalf, or hire a consulting expert to help defense counsel mount a more educated attack on the Commonwealth’s expert (Federal Petition 115, 118). Although, on these facts, defense counsel’s failure to request funds to hire a DNA expert was plainly below average, constitutionally deficient performance “is not merely below-average performance; rather, the attorney’s actions must fall below the wide range of professionally competent performance.” Griffin v. Warden, Maryland Correctional Adjustment Center, 970 F.2d 1355, 1357 (4th Cir.1992). As discussed at great length below, the court is unable to declare petitioner’s trial counsel’s performance to be constitutionally deficient because petitioner is unable to establish that he had a particularized need for expert assistance; likewise, petitioner has failed to establish prejudice resulting from trial counsel’s mistakes. (1) Standard of Review Before reaching the merits of petitioner’s claim, the court must first address the proper standard of review for this claim, and after reviewing the R & R, this court adopts the Magistrate Judge’s conclusion that the proper standard is de novo. Tellingly, neither petitioner nor respondent objected to the Magistrate Judge’s conclusion that the Supreme Court of Virginia’s denial of Yarbrough’s state habeas evidenced a failure to squarely address Yar-brough’s ineffective assistance claim on the merits; therefore, this court declines to disturb such finding. In addition to the R & R’s conclusion, an alternative justification for conducting a de novo review is that the Supreme Court of Virginia’s adjudication of Yarbrough’s ineffective assistance claim “resulte