Full opinion text
ORDER COOPER, District Judge. Lawrence Jefferson, a Georgia prisoner who was convicted of the felony murder and armed robbery of Edward Taulbee and sentenced to death, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth herein, the Corrected Amended Petition for Writ of Habeas Corpus by a Person in State Custody is hereby granted in part and denied in part. I. BACKGROUND On August 8, 1985, Petitioner Lawrence Jefferson (“Petitioner” or “Jefferson”) was indicted in the Superior Court of Cobb County, Georgia, for the offenses of malice murder and armed robbery. (Respondent’s Ex. (“R.Ex.”) 1 at 3-5.) Petitioner was tried before a jury on February 24 through March 9, 1986, and was found guilty of committing the offenses of armed robbery and felony murder in the commission of an armed robbery. (R. Ex. 2 at 327.) During the sentencing phase of the bifurcated trial, the jury sentenced Jefferson to death, after finding the existence of two statutory aggravating circumstances. (Id. at 328.) The evidence presented at Jefferson’s trial revealed the following facts: Jefferson and the victim, Edward Taulbee, were both employed by the Zenith Construction Company. (R. Ex. 21 at 320.) Taulbee was Jefferson’s immediate supervisor. (Id. at 321.) Some time after Taulbee purchased an automobile, Taulbee would take Jefferson home, and Taulbee would sometimes bring Jefferson to work in the morning. (Id.) On the day that Taulbee was murdered, May 1, 1985, the employees at Zenith Construction Company got paid. (Id. at 325.) Brad Stewart, the construction superintendent at Zenith, personally distributed the paychecks to the employees, and he testi-Red that both Taulbee and Jefferson were paid on that day. (Id. at 326.) Stewart also testified that he had assigned Taulbee and Jefferson to a specific work task that afternoon. (Id. at 324.) Stewart left the job site at about 4:00 p.m. (Id. at 324-25.) When Stewart left, he saw Taulbee and Jefferson working together. (Id. at 325.) Stewart did not know when Taulbee and Jefferson left the job site. (Id.) Taulbee was killed some time after he left work on May 1,1985. His body, which was lying in the woods off of Highway 41 in Cobb County, was spotted by two construction inspectors from Cobb County who were passing by in an automobile the next morning. (R. Ex. 20 at 216-17, 226-27.) The two inspectors then notified the Cobb County Police, who immediately went to the crime scene and preserved the area. (Id. at 218, 234-35, 238-39.) Taulbee’s body was found face down in kudzu, and Taulbee was dressed in a yellow shirt, overalls, and boots. (Id. at 235-36.) The body was wet and some “lividity” remained in one of his hands. (Id.) A large log was laying across Taulbee’s head, and the log had blood on it. (Id. at 220, 235; R. Ex. 21 at 268.) The police also found near Taulbee’s body two sticks or clubs, and one of the sticks appeared to have been shattered in several places. (R. Ex. 21 at 270-71.) On the stick was some blood and hair. (Id.) The police observed that Taulbee’s head had been driven into the ground, apparently by the log. (Id. at 268-74.) No wallet was found on Taul-bee’s body. (Id. at p. 277.) However, the authorities did find on Taulbee a still-ticking Timex watch, a pocket knife, and a small amount of cash. (R. Ex. 23 at 820-21, 840.) Cobb County Police Lt. Carlton Morris was sent to investigate the body further following its removal to the county Medical Examiner’s office. (R. Ex. 21 at 357.) He and the medical examiner found in Taul-bee’s belongings a pay stub from Zenith Construction Company. (Id.) Morris telephoned Zenith Construction Company and ascertained that the pay stub number corresponded to Taulbee. (Id. at 358.) Morris then talked to Stewart, who informed Morris that Jefferson worked with Taul-bee. (Id.) Morris requested that Stewart and Jefferson come down to police headquarters to identify the victim. (Id.) Both Stewart and Jefferson identified Taulbee from the pictures of the body that Morris showed them. (Id. at 374-75.) During Morris’ interview of Jefferson, Jefferson informed Morris that he was originally from Louisville, Kentucky, and that he worked at Zenith with Taulbee. (Id. at 375-76.) He also told Morris that he had been down in Georgia for about six months and that he had worked with and had known Taulbee about that long. (Id. at 376.) With respect to the day of the murder, Jefferson told Morris that he had seen Taulbee leave the Zenith construction site alone around 5:30 p.m. and head north in his automobile to go fishing. (Id. at 376-78.) Jefferson stated that he knew Taulbee was going fishing because Taul-bee, around 3:00 p.m. that day, had dug up some worms in order to use them for fishing at Lake Allatoona. (Id. at 376.) Jefferson also told Morris that he did not go fishing with Taulbee because “he didn’t have the patience to fish.” (Id. at 377.) Jefferson stated that when Taulbee left the Zenith construction site, he got on his bicycle and rode home. (Id. at 378.) Jefferson, who lived alone, stated that he watched television, drank beer, and stayed home that afternoon and night. (Id. at 378-79.) Jefferson told the police that Taulbee had loaned him $120 and that it was due on Thursday, May 2, 1985. (Id. at 380.) He further stated that he had not paid Taulbee but that he had not gotten his paycheck from Stewart at lunch on payday, the day of the killing. (Id.) Stewart informed Morris that Taulbee and Jefferson had never had any money problems. (Id. at 383.) During the course of the interview, Jefferson became more nervous. (Id. at 381.) Nevertheless, Jefferson consented to a search of his apartment. (Id. at 381, 386.) Jefferson cooperated with the police, and this included opening drawers and closet doors while the police searched the apartment. (Id. at 385, 388.) Morris did not find anything connecting Jefferson to the murder of Taulbee. (Id. at 388-90.) Morris also did not find any signs of struggle on Jefferson. (Id. at 389.) Rhonda Glade, one of Jefferson’s neighbors, testified that she saw Jefferson, Taulbee, and Dwayne Mitchell, one of her roommates, talking outside of Jefferson’s apartment at approximately 4:15 p.m. on the day of Taulbee’s murder. (Id. at 395, 398-400.) She testified that she had seen Jefferson and Taulbee leave from Jefferson’s apartment to go fishing. (Id. at 401-OS.) Rhonda Glade also testified that later on the night of the killing she saw Jefferson return to his apartment on foot and heard no car arrive. (Id. at 408.) Ms. Glade further testified that Jefferson came to her apartment on May 2,1985, and gave her an automated teller bank card (referred to herein as an “ATM card”) and asked her to get rid of the card. (Id. at 412.) Jefferson also gave her a fishing tackle box. (Id.) Ronald Glade, Rhonda Glade’s brother and another neighbor of Jefferson’s, testified that on May 1, 1985, he had gone to Jefferson’s apartment around 6:00 p.m. (Id. at 452-53.) He testified that Jefferson had locked the door to his apartment, although Jefferson was inside, which Ronald stated was unusual. (Id. at 453-54.) Ronald Glade further testified that Jefferson was acting funny and that his chest appeared to be red. (Id. at 456, 459.) He testified that Jefferson had, prior to the murder of Taulbee, made a statement about hitting his boss on the head and that, after the murder, had informed him that his “little fat buddy was dead.” (Id. at 463-64.) Ronald Glade further testified that on the evening of May 1, 1985, Jefferson stated he had lost his wallet and went out with Dwayne Mitchell to look for it, although Ronald later found the wallet in Jefferson’s apartment with approximately $100.00 in cash in the wallet. (Id. at 465-67.) Dwayne Mitchell testified that he took Jefferson to buy marijuana and liquor on the night of May 1, 1985. (Id. at 500.) He further testified that Jefferson asked him to drive him to Lake Allatoona the night of the murder to find his wallet, which Jefferson claimed was missing. (Id. at 500-01.) Mitchell stated that when they arrived at Lake Allatoona, Jefferson left the car for 5 to 10 minutes and returned with a fishing pole and a tackle box. (Id. at 502, 504-05.) According to Mitchell, Jefferson discarded the fishing pole and gave the tackle box to him. (Id. at 505-06.) Mitchell further testified that, on the way back from the lake, Jefferson asked him to take him to a bank with an automated teller machine, where Jefferson disguised himself with a straw hat and sunglasses and attempted unsuccessfully to make a cash withdrawal. (Id. at 506-07.) Prior to going to the automated teller, Jefferson asked Mitchell if the automated teller machine took pictures of those people who used the machines. (Id. at 507.) On May 7, 1985, Taulbee’s car was located in the parking lot of a food store in Cobb County. (R. Ex. 22 at 586.) The parking lot where the car was located was close to Jefferson’s residence. (Id. at 589.) The authorities also found the keys to the car inside the automobile. (Id. at 591.) Also found in the glove compartment of the car was a twenty-four hour automatic teller transaction receipt, and the authorities determined that the receipt was dated May 2, 1985, at approximately 1:07 a.m. (Id. at 634.) The bank card that had earlier been given to Rhonda Glade was subsequently recovered. (Id. at 594.) Taulbee’s name was on the card. (Id. at 598-99.) The authorities also located other fishing items that had belonged to Taulbee and of which Jefferson had apparently attempted to dispose. (Id. at 656, 663.) The authorities arrested Jefferson on May 7, 1985. (Id. at 665-66.) A smoking marijuana cigarette was found on the coffee table in Jefferson’s living room at the time of his arrest. (Id. at 665, 682, 694, 701-03.) Jefferson was given the Miranda warnings and was taken to the police headquarters where he was again given the Miranda warnings before he was interrogated without counsel beginning at 10:45 p.m. (Id. at 667-74, 695-96.) When asked why he had killed Taulbee, Jefferson, according to the testimony of Detective B.J. Banks, stated that “he didn’t need to be around other people, that he wanted to be executed, and that he wanted to be put to sleep.” (Id. at 678.) Lieutenant Morris likewise testified that Jefferson stated the following during the interrogation: I don’t need to be around people.... I talk to myself. I ain’t crazy. I don’t know nothing. I got hit by an auto when I was a kid. I had another dream and saw the man in my dream. I call myself Tony. I don’t think I am two people. How quick can I be put to sleep? I don’t feel anything about this. Do you believe in Heaven and Hell. I want to be put to sleep.... I want to be executed. (Id. at 699-700.) During the penalty phase of the trial, Jefferson testified that he was threatened with the death penalty during the interrogation. (R. Ex. 25 at 1306.) Jefferson stated that he replied: “Well, yeah, man, do what up [sic] want to do, if you want to execute me. Let me go over to the jail and go to sleep.” (Id. at 1306.) The authorities later determined that Taulbee had cashed his paycheck on May 1, 1985, and had received $223.15. (R. Ex. 22 at 717-18.) It further appeared that Jefferson, who was paid on May 1, 1985, did not cash his paycheck until May 3, 1985. (Id. at 685-86, 718-19.) At that time, Jefferson received approximately $136.21. (Id. at 686, 719.) The authorities also determined that in the early morning hours of May 2, 1985, someone attempted to use Taulbee’s ATM card to make a withdrawal. (Id. at 728-34.) An autopsy was conducted on the body of Taulbee on the day following its discovery. (R. Ex. 23 at 819.) The medical examiner testified at Petitioner’s trial that the back of Taulbee’s shirt collar was soaked with blood, but there were no blood splatters on the clothes of Taulbee. (Id. at 821.) The examination of the body disclosed that Taulbee suffered approximately two lacerations above his left eyebrow, one laceration right above his forehead, one laceration above his right ear, and five lacerations on the back of his scalp. (Id. at 822.) The autopsy also disclosed that Taulbee suffered four fractured teeth, an abrasion across his face, an abrasion across his back, skull fractures, brain bruises, and brain hemorrhaging. (Id. at 823-24.) It was the opinion of the medical examiner that the lacerations had been caused by a rough object and that the injuries were consistent with those caused by the wooden sticks or clubs found near the body of Taulbee. (Id. at 822, 828.) The examination of the clubs disclosed that Caucasian hair fibers, consistent with hair fibers of Taulbee, were found on the clubs. (Id. at 802-03.) The medical examiner further testified that the cause of death was the head and brain injuries to Taul-bee, and that Taulbee’s death was some time on May 1, 1985, between the hours of 5:00 p.m. and 11:00 p.m., subject to error of a couple of hours on either end. (Id. at 833-35.) The medical examiner also testified that it was his opinion that Taulbee was probably knocked to the ground by the blows to the head, and that the log was then dropped on the Taulbee’s head, driving his face into the ground. (Id. at 831-32.) On March 8, 1986, the jury found Jefferson guilty of felony murder, in violation of O.C.G.A. § 16-5-1, and of armed robbery, in violation of O.C.G.A. § 16-8-41. (R. Ex. 2 at 327.) During the sentencing phase, the State introduced Jefferson’s guilty plea from Kentucky to one count of robbery and the testimony of two Kentucky police officers and two armed robbery victims in Kentucky regarding unad-judicated crimes involving Jefferson. (R. Ex. 24 at 1185, 1192, 1210, 1218.) In mitigation, Jefferson presented the testimony of two Cobb County deputies, his mother, one of his sisters, the mother of his two children, and his own testimony. (Id. at 1253, 1258, 1262, 1267, 1273, 1289.) The jury found the existence of two aggravating circumstances: (1) the offense of murder was committed while defendant was engaged in another capítol felony (i.e., armed robbery); and (2) the offense of murder was “outrageously or wantonly vile, horrible or inhuman in that it involved an aggravated battery to the victim.” (R. Ex. 26 at 1435; R. Ex. 2 at 328.) Following the verdict, the trial court merged Petitioner’s armed robbery conviction into the felony murder count as a lesser-included offense. (Id. at 1446.) On March 9, 1986, Jefferson was sentenced to death by electrocution for the crime of felony murder. (Id. at 1447-48; R. Ex. 2 at 332-34.) Petitioner filed a motion for a new trial and an amendment thereto, which were denied on June 20, 1986. (R. Ex. 2 at 351, 357-62.) Petitioner then appealed his convictions and sentence of death to the Supreme Court of Georgia. (R. Ex. 1 at 1-2.) The Supreme Court of Georgia affirmed Petitioner’s conviction and sentence of death on March 3, 1987. Jefferson v. State, 256 Ga. 821, 353 S.E.2d 468 (1987). On March 24, 1987, the Supreme Court of Georgia denied a motion for rehearing brought by Petitioner. Id. at 821, 353 S.E.2d 468. Petitioner then filed a petition for writ of certiorari in the United States Supreme Court. (R. Ex. 34). The Supreme Court denied certiorari review on October 5, 1987. Jefferson v. Georgia, 484 U.S. 872, 108 S.Ct. 203, 98 L.Ed.2d 154 (1987). A petition for rehearing was denied on November 3, 1987. Jefferson v. Georgia, 484 U.S. 971, 108 S.Ct. 471, 98 L.Ed.2d 410 (1987). On December 23, 1987, Petitioner sought state post-conviction relief in the Superior Court of Butts County, Georgia. (R. Ex. 37 at 1-23.) Petitioner filed an amended state habeas corpus petition on September 1, 1989 (R. Ex. 37 at 150-277), and a second amended petition on April 21, 1991 (R. Ex. 38 at 378-456). After a two-day evidentiary hearing, the state habeas corpus court denied the petition on September 30, 1992. (R. Ex. 38 at 877-921.) The Supreme Court of Georgia affirmed the state habeas corpus court’s denial of state post-conviction relief. Jefferson v. Zant, 263 Ga. 316, 431 S.E.2d 110 (1993). Petitioner then filed a motion for reconsideration, which was denied by the Georgia Supreme Court on July 27, 1993. Id. at 316, 431 S.E.2d 110. The United States Supreme Court denied certiorari review on April 18, 1994. Jefferson v. Zant, 511 U.S. 1046, 114 S.Ct. 1577, 128 L.Ed.2d 220 (1994). Petitioner filed his Petition for Writ of Habeas Corpus in this Court on April 23, 1996. (Doc. No. 1.) Petitioner filed an Amended Petition for Writ of Habeas Corpus on January 30, 1998. (Doc. No. 23.) On August 27, 1998, this Court entered an Order granting Petitioner leave to file a Corrected Amended Petition for Writ of Habeas Corpus. (Doc. No. 47.) Accordingly, the Corrected Amended Petition for Writ of Habeas Corpus, which was attached to Petitioner’s Motion for Leave to File Corrected Amended Petition for Writ of Habeas Corpus by a Person in State Custody (Doc. No. 40), sets forth the constitutional claims presented by Petitioner in this case. II. GROUNDS FOR RELIEF In the Corrected Amended Petition for Writ of Habeas Corpus, Petitioner asserts the following grounds for relief: Claim I — Petitioner was afforded constitutionally ineffective assistance of counsel by the errors, both individually, and when considered in total, of his trial attorneys in violation of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. a. Petitioner’s trial attorneys failed to present evidence in support of the challenge to the grand and petit juries. b. Petitioner’s trial attorneys failed to ensure that jurors were disabused of their erroneous notion that Petitioner would be released on parole. c. Petitioner’s trial attorneys failed to rehabilitate juror Beck. d. During his closing argument, trial counsel committed numerous errors that prejudiced Petitioner. e. Petitioner’s trial attorneys failed to object, as void for vagueness, to the instructions relating to the (b)(7) aggravating circumstance. f. Petitioner’s trial attorneys failed to request an instruction on voluntary manslaughter as a lesser included offense. g. Petitioner’s trial attorneys failed to object to improper instruction by trial court. h. Petitioner’s trial attorneys failed to ensure the jury’s discretion was guided and channeled. i. Petitioner’s trial attorneys failed to object to improper evidence admitted in sentencing. j. Petitioner’s trial attorneys failed to object to improper prosecutorial argument. k. Petitioner’s trial attorneys failed to conduct a reasonable investigation. l. Petitioner’s trial attorneys failed to present expert testimony in support of the motion to suppress. m. The cumulative effect of the trial attorneys’ errors undermines confidence in the outcome of Petitioner’s conviction and sentence of death. Claim II — Petitioner was denied effective assistance on appeal in violation of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim ///- — Petitioner was denied a fair sentencing proceeding when the trial court gave inadequate instructions regarding mitigation in violation of the Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution. Claim IV — Petitioner’s sentence of death was unconstitutionally obtained under Georgia’s capital sentencing scheme which fails to narrow the class of death eligible defendants in instances where the state relies on O.C.G.A. § 17-10-30(b)(2) to support a death sentence on a felony murder conviction. Utilizing this unconstitutional scheme in Petitioner’s case violated the Eighth and Fourteenth Amendments and Zant v. Stephens, 462 U.S. 862, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983). Claim V — Petitioner’s sentence of death is being exacted pursuant to a pattern and practice of Georgia prosecuting authorities, courts and juries to discriminate on grounds of race, sex, and poverty in the administration of rights guaranteed by the Eighth and Fourteenth Amendments of the United States Constitution and corresponding provisions of the Georgia Constitution. Claim VI — The death penalty constitutes cruel and unusual punishment in the State of Georgia in that it is applied in an arbitrary and capricious fashion. Claim VII — Petitioner was deprived of due process and a fair capital sentencing proceeding when the trial court submitted an erroneous (b)(7) instruction to the jury which expanded the proof of the statutory aggravating circumstance in violation of the Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution. Claim VIII — Petitioner’s death sentence was unconstitutionally imposed because the definition of aggravated battery as it applied to the (b)(7) aggravating circumstances failed adequately to direct the jury’s discretion and was void for vagueness in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim IX — Petitioner’s death sentence was unconstitutionally obtained when the trial court failed to instruct the jury on what constituted armed robbery as it applied to the (b)(7) statutory aggravating circumstance in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim X — Petitioner’s sentence of death was unconstitutionally obtained when the trial court instructed the jury that their verdict must be unanimous in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution and Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988). Claim XI — Petitioner’s death sentence was imposed unconstitutionally based on an impermissibly vague (b)(7) statutory aggravating circumstance in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XII — Petitioner was denied due process and a fundamentally fair capital trial and sentencing when the court failed to instruct the jury on the lesser included offense of voluntary manslaughter in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XIII — Petitioner was denied a fundamentally fair trial and capital sentencing proceeding when the trial court failed to instruct the jury on residual doubt in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XIV — Petitioner’s death sentence was unconstitutionally obtained based on an incomplete and factually inaccurate definition of aggravated battery as it applied to the (b)(7) statutory aggravating circumstance in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XV — Petitioner was denied due process and a fair capital trial by improper prosecutorial comments and admission of evidence which implicated Petitioner’s right to silence in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XVI — Petitioner was deprived of a fundamentally fair capital trial and sentencing by improper prosecutorial argument that shifted the burden of proof to the defendant in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XVII — Petitioner’s death sentence was unconstitutionally imposed based on consideration of improper and inadmissible evidence at the sentencing phase of his capital trial. Claim XVIII — Petitioner’s death sentence was improperly imposed based on improper prosecutorial argument at the sentencing phase of his capital trial in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments if the United States Constitution. Claim XIX — The State failed to disclose favorable evidence known to it relevant to sentencing and the State knowingly presented at sentencing false or substantially misleading evidence. Claim XX — Petitioner was denied due process and a fair capital trial and sentencing proceeding by the admission of involuntary statements in violation of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXI — Petitioner was denied due process and a fair capital trial and sentencing proceeding when the trial court gave an erroneous and misleading instruction that directed the jury to disregard exculpatory portions of Petitioner’s custodial statements in violation of the Fifth, Sixth, Eighth, and Fourteenth Anendments of the United States Constitution. Claim XXII — Petitioner’s death sentence was unconstitutionally imposed because there was insufficient evidence to establish the murder occurred during the commission of an armed robbery. Thus, Petitioner’s sentence of death violates the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXIII — Petitioner was denied a reliable sentencing proceeding when the trial judge failed to instruct the jury on the sentence that was to be imposed upon a verdict of life in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXIV — Petitioner was denied due process and a fair capital trial and sentencing proceeding because the grand and petit jury pools systematically eliminated cognizable groups in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXV — Petitioner’s death sentence was unconstitutionally imposed because the jury that sentenced him was under the misconception regarding parole in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXVI — There is insufficient evidence to support a conviction for felony murder and armed robbery and sentence of death in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Petitioner is innocent and his execution would violate the Eighth and Fourteenth Amendments. Claim XXVII — Petitioner’s death sentence was unconstitutionally obtained because he was sentenced by a death prone jury in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXVIII — Petitioner was denied due process and a fair and reliable capital sentencing proceeding when the trial court instructed the jury that it should not ask questions during their deliberations in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXIX — Petitioner was denied due process and a reliable capital proceeding by the introduction of prejudicially gruesome photographs in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXX — Petitioner was denied due process and a reliable sentencing proceeding when the trial court excused jurors whose views about the death penalty would not have substantially impaired their ability to perform their duty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXI — The Unified Appeal Procedure, as applied in all Georgia death penalty cases, is unconstitutional in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXII — Petitioner was denied a fundamentally fair and reliable capital trial and sentencing proceeding when key state witnesses violated the rule of sequestration and fabricated their testimony so that it was consistent in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXIII — Petitioner’s rights to due process and a fair trial were violated by the trial court’s failure to provide adequate funds with which to obtain the assistance of competent mental health experts in violation of the Sixth, Eighth, and Fourteenth Amendments. Claim XXXIV — Petitioner was denied a fundamentally fair trial and a reliable sentencing proceeding when the jury contained a juror who was incompetent to serve in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXV — Petitioner was denied a reliable sentencing proceeding by the unconstitutional consideration of victim impact testimony during his trial in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXVI — Petitioner was denied his right to confront the witnesses against him when the trial court allowed the state to introduce prior out-of-court statements of key state witnesses in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXVII — Petitioner was denied a fair trial and reliable sentencing proceeding by the trial court’s improper instruction on reasonable doubt in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXVIII — Petitioner was denied a fundamentally fair trial and reliable capital sentencing proceeding when there was improper contact between jurors and the bailiffs in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XXXIX — Petitioner was denied a fundamentally fair trial and reliable sentencing proceeding when jurors impermis-sibly considered extra-judicial evidence during their deliberations in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Claim XL — -Petitioner was denied a fundamentally fair trial and reliable sentencing proceeding by the systematic exclusion of African-Americans in Cobb County from jury service in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. III. STANDARD FOR HABEAS CORPUS RELIEF A district court must resolve all claims for relief raised in a petition for writ of habeas corpus. Clisby v. Jones, 960 F.2d 925, 936 (11th Cir.1992). Insofar as Petitioner filed the instant habeas petition prior to the enactment of the Antiter-rorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (the “AEDPA”), this Court must review Petitioner’s claims under the standards of the pre-AEDPA statute. Bradshaw v. Stumpf, 545 U.S. 175, 125 S.Ct. 2398, 162 L.Ed.2d 143 (2005); Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). Under the standards of the pre-AEDPA statute, the factual findings of state courts are presumed to be correct unless one of the eight enumerated exceptions in § 2254(d) applies. Where one of the eight exceptions applies, the state court’s fact-finding is not presumed correct, and the petitioner must establish “the facts necessary to support his claim by only a preponderance of the evidence.” Kelley v. Secretary for Dep’t of Corrections, 377 F.3d 1317, 1335 (11th Cir.2004) (citations omitted). Questions of law and mixed questions of law and fact are reviewed de novo. Freund v. Butterworth, 165 F.3d 839, 861 (11th Cir.1999). When a mixed question of law and fact turns on a fact found by the state court, the finding of the state court deserves deference. See, e.g., Arizona v. Fulminante, 499 U.S. 279, 287, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991). IY. ANALYSIS OF PETITIONER’S CLAIMS In his Corrected Amended Petition, Petitioner asserts the forty claims set forth infra. The Court has organized and will review Petitioner’s claims as follows: (1) claims rejected on the merits on direct appeal by the Supreme Court of Georgia; (2) claims rejected on the merits by the state habeas corpus court and the Supreme Court of Georgia; (3) claims found to be proeedurally defaulted by the state habeas corpus court and the Supreme Court of Georgia; (4) unexhausted claims that are due to be deemed proeedurally defaulted; and (5) claims of which this Court allowed evidentiary development. A. Claims Rejected on the Merits on Direct Appeal by the Supreme Court of Georgia Georgia law provides that issues decided on direct appeal are precluded from relitigation in habeas corpus proceedings in Georgia state courts. Elrod v. Ault, 231 Ga. 750, 750, 204 S.E.2d 176 (1974). Therefore, in Petitioner’s state ha-beas corpus proceeding, several of Petitioner’s claims were dismissed by the state habeas corpus court on the basis that the claims had been determined on the merits adversely to Petitioner by the Supreme Court of Georgia on direct appeal. (R. Ex. 38 at 879-80.) In reviewing the rulings of the state habeas corpus court, the Supreme Court of Georgia affirmed the dismissal of these claims in a summary fashion. Jefferson, 263 Ga. at 320, 431 S.E.2d 110 (“The judgment denying habeas relief is affirmed for reasons contained in the court’s final order.... ”). Petitioner has raised some of these claims in this federal habeas corpus proceeding, and the Court addresses them in turn below, as they are not insulated from federal review. See Crowe v. Head, 356 F.Supp.2d 1339, 1348 (N.D.Ga.2005). 1. Claim XXIV In Claim XXIV of the Corrected Amended Petition, Petitioner contends he was denied due process and a fair capital trial and sentencing proceeding because the grand and petit jury pools systematically eliminated cognizable groups. Spe-cifieally, Petitioner argues that blacks were under-represented in the grand and petit jury pools and that young adults were under-represented in the petit jury pool. Petitioner also argues that the trial court erred in failing to correct the fact that the Cobb County Board of Jury Commissioners systematically excluded from the jury list all persons over the age of 80 years old. Petitioner finally argues that his constitutional rights were violated by Cobb County’s systematic exclusion of poor people from the grand and traverse jury venires. On direct appeal, the Georgia Supreme Court rejected Petitioner’s arguments as to the under-representation of blacks and young adults. Jefferson, 256 Ga. at 822-23, 353 S.E.2d 468. The Georgia Supreme Court found that the Cobb County jury lists met constitutional standards as to race and found that Jefferson failed to establish the cognizability of any group of young persons. Id. The Georgia Supreme Court did not explicitly address the merits of Petitioner’s claim that persons over the age of 80 years old were systematically excluded, although Petitioner explicitly raised the issue in his appellate brief (R. Ex. 31 at 21). The Georgia Supreme Court likewise did not address the merits of Petitioner’s claim regarding the systematic exclusion of poor people, but Petitioner did not raise that claim on appeal. This portion of the claim concerning poor people consequently was deemed procedurally defaulted by the state habeas corpus court (R. Ex. 38 at 882), and this Court similarly finds that this portion of the claim is procedurally defaulted and that no exception to the procedural default rule has been shown by Petitioner to apply. Therefore, the Court addresses below only those portions of Claim XXIV that Petitioner has preserved for review, and these portions regard the alleged under-representation of blacks and young adults and the alleged systematic exclusion of persons over the age of 80. The Supreme Court of the United States has long held that a criminal defendant has a Sixth Amendment right to have a jury venire represent a fair cross-section of the community. Taylor v. Louisiana, 419 U.S. 522, 530, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975). To establish a prima facie violation of this Sixth Amendment guarantee, a defendant must show (1) that the group alleged to be excluded is a “distinctive” group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this under-representation is due to systematic exclusion of the group in the jury-selection process. Duren v. Missouri, 439 U.S. 357, 364, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979). A defendant may also challenge the discriminatory selection of state court juries under the Equal Protection Clause. Castaneda v. Partida, 430 U.S. 482, 494, 97 S.Ct. 1272, 51 L.Ed.2d 498 (1977). The Eleventh Circuit has noted in several cases that the prima facie analysis of a challenge under the Equal Protection Clause is virtually identical to the prima facie analysis employed in examining a challenge under the Sixth Amendment. Bowen v. Kemp, 769 F.2d 672, 683 (11th Cir.1985); United States v. Tuttle, 729 F.2d 1325, 1327 n. 2 (11th Cir.1984); Davis v. Zant, 721 F.2d 1478, 1482 (11th Cir.1983); Gibson v. Zant, 705 F.2d 1543, 1546 (11th Cir.1983). The three elements that must be proved to establish a prima facie case of discrimination in jury selection in violation of the Equal Protection Clause are the following: (1) the group alleged to be discriminated against is a recognizable, distinct class; (2) the degree of under-representation must be proved over a significant period of time; and (3) the selection procedure must be susceptible to abuse or racially non-neutral. Bowen, 769 F.2d at 684. In the case at bar, the Court finds for the reasons articulated below that Petitioner’s various challenges to the grand and petit jury venires in Cobb County fail. a. Blacks With respect to Petitioner’s claim that blacks were under-represented on the grand and petit juries in Cobb County, Petitioner easily satisfies the first element of both the Sixth Amendment and Equal Protection analyses, as blacks unquestionably constitute a cognizable group. See Cunningham v. Zant, 928 F.2d 1006, 1013 (11th Cir.1991). Petitioner has not, however, demonstrated that the representation of blacks was not fair and reasonable in relation to their representation in Cobb County or that blacks were under-represented over a significant period of time. Therefore, the Court need not and does not address the third element of either the Sixth Amendment challenge or the Equal Protection challenge. See United States v. Pepe, 747 F.2d 632, 649 (11th Cir.1984) (stating that failure on any element of the prima facie case ends the analysis of the challenge). In determining whether a group has been substantially under-represented for purposes of a Sixth Amendment or Equal Protection challenge, the Eleventh Circuit Court of Appeals and the former Fifth Circuit Court of Appeals have held that the relevant comparison is the difference between the percentage of the distinctive group among the population eligible for jury service and the percentage of the distinctive group on the qualified wheel. See, e.g., United States v. Grisham, 63 F.3d 1074, 1078 (11th Cir.1995); United States v. Rodriguez, 776 F.2d 1509, 1511 (11th Cir.1985); Pepe, 747 F.2d at 649; United States v. Butler, 611 F.2d 1066, 1069-70 (5th Cir.1980); United States v. Maskeny, 609 F.2d 183, 190 (5th Cir.1980). This comparison is commonly referred to as the “absolute disparity” and is calculated by subtracting the percentage of a group in the jury wheel from the percentage of that same group in the general population. The Eleventh Circuit consistently has required an “absolute disparity” of 10% or greater in order to satisfy the second element. Grisham, 63 F.3d at 1079; Tuttle, 729 F.2d at 1327; see also Cook v. State, 255 Ga. 565, 571, 340 S.E.2d 843 (1986) (“As a general proposition, absolute disparities under 10% usually are sufficient to satisfy constitutional requirements.”). Further, this threshold disparity requirement applies to both the Sixth Amendment and Equal Protection challenges. Tuttle, 729 F.2d at 1327 n. 2. Petitioner urges the Court to part from the absolute disparity test and to find in this case that the grand jury and petit jury selection processes were constitutionally flawed based on comparative disparities, which measure the decreased likelihood that members of a distinct and underrepresented group will be called for jury service. However, Petitioner cites no authority supporting use of the comparative disparity analysis. The Supreme Court has not explicitly endorsed either the absolute disparity approach or the comparative disparity approach as the proper measurement, but the Supreme Court did use an absolute disparity statistical analysis in Duren. Moreover, the Eleventh Circuit and Georgia state courts have heavily criticized use of comparative disparities because, when the alleged underrepresented group is small, a small change in the jury pool distorts the proportional representation. See Pepe, 747 F.2d at 649 n. 18; Cook, 255 Ga. at 572, 340 S.E.2d 843. Notwithstanding the issues typically associated with use of comparative disparities, in this case, rigid application of the absolute disparity test also presents a fundamental problem. That is, Petitioner presented evidence at the pre-trial hearing before the trial court that blacks constituted only 4.03% of the population of Cobb County eligible for jury service. (R. Ex. 11 at 180.) Given this small population of jury-eligible blacks, even if blacks were completely excluded from the prospective jury pools, the absolute disparity would only be 4.03%, which is less than the Eleventh Circuit’s 10% threshold. The fair cross-section requirement of the Sixth Amendment and the Equal Protection Clause therefore would offer no redress, even if blacks were entirely excluded from the jury pools. In contrast to the instant case, in all of the Eleventh Circuit cases applying the 10% absolute disparity requirement, the groups allegedly under-represented always represented more than 10% of the jury-eligible population. See, e.g., Grisham, 63 F.3d at 1079 (proportion of jury-eligible African-Americans was 18.31 %); Rodriguez, 776 F.2d at 1511 (proportion of blacks eligible for jury service was 18.82% and proportion of Hispanics eligible for jury service was 24.45%); Pepe, 747 F.2d at 649 (proportion of blacks was 11.3%); Tuttle, 729 F.2d at 1327 (proportion of blacks was 25% of general population); Machetti v. Linahan, 679 F.2d 236, 241 (11th Cir.1982) (percentage of women in the general adult population was 54%). As a consequence, the Eleventh Circuit has not had occasion to address the problem presented here and has found it unnecessary to consider other statistical methods. See Rodriguez, 776 F.2d at 1511 n. 4 (“Although the absolute disparity method is not the sole means of establishing unlawful jury discrimination, where small absolute disparities are proven, as in this instance, and the minority group involved exceeds ten percent of the population, which is also the case in this challenge, it is not necessary to consider other statistical methods.”); Maskeny, 609 F.2d at 190 (“We need not ... speculate here on how we would treat such a situation for all the groups analyzed in appellant’s statistics comprise more than ten percent of the community.”). In the absence of specific direction from the Eleventh Circuit as to what statistical method of analysis should be employed when the jury-eligible population at issue is less than 10%, the Court finds that this case warrants considering the results of both the absolute disparity test and the comparative disparity test. In fact, in recent history, the Fifth Circuit has explicitly recognized that use of the comparative disparity analysis may be appropriate when the distinctive group at issue makes up less than 10% of the population. See Mosley v. Dretke, 370 F.3d 467, 479 n. 5 (5th Cir.2004) (“We leave open the possibility that if the distinctive group at issue makes up less than 10% of the population, comparative disparity may be used.”). Applying the absolute disparity test to the evidence presented by Petitioner, the absolute disparity percentages for blacks do not rise to a level that is constitutionally impermissible based on Eleventh Circuit precedent. Petitioner presented evidence that 2.1% of the grand jury pool and 2.8% of the traverse jury pool was black. (R. Ex. 11 at 179, 185.) Comparing these figures with the percentage of jury-eligible blacks in Cobb County at the time, 4.03%, the absolute disparity for the grand jury pool was 1.93% and the absolute disparity for the traverse jury pool was 1.23%. (Id. at 179-80, 186, 188.) These absolute disparity percentages are significantly less than the 10% absolute difference necessary under Eleventh Circuit law. More importantly in this case, the comparative disparity percentages likewise do not rise to the level of a constitutional violation under either the Sixth Amendment or the Equal Protection Clause. Petitioner’s evidence demonstrates comparative disparity percentages of 47.89% for the grand jury venire and 30.9% on the traverse jury venire. (Id. at 181, 189.) These percentages are well within the range of percentages accepted by courts that have employed the comparative disparity statistical analysis in examining similar claims. See, e.g., United States v. Chanthadara, 230 F.3d 1237, 1257 (10th Cir.2000) (finding that where African-Americans accounted for 7.9% of population, and Hispanics, 2.74%, comparative disparities of 40.89% and 58.39%, respectively, did not establish prima facie violation under the Sixth Amendment); United States v. Shinault, 147 F.3d 1266, 1273 (10th Cir.1998) (upholding jury selection procedure that resulted in comparative disparities of 59.84%, 50.09%, and 48.63%, with group populations comprising 1.27%, 5.11%, and 2.92% of the total community, respectively); United States v. Clifford, 640 F.2d 150, 155 (8th Cir.1981) (finding that 46% comparative disparity was insufficient under-representation to make out fair cross-section claim under the Sixth Amendment, where group comprised 15.6% of the population); United States v. Yazzie, 660 F.2d 422, 427 (10th Cir.1981) (holding that comparative disparity of 46.3% did not violate either Sixth Amendment or the Equal Protection Clause); cf. United States v. Weaver, 267 F.3d 231, 243 (3d Cir.2001) (finding that comparative disparities of 40.01% and 72.98% were of questionable probative value, where group populations comprised only 1.84% and .97% of the population, respectively). But see United States v. Rogers, 73 F.3d 774, 776 (8th Cir.1996) (treating .579% actual and 30.96% comparative disparity as sufficient). Accordingly, having considered both the absolute and comparative disparity percentages in context, the Court concludes that Petitioner has not established a prima facie violation of the Sixth Amendment’s fair cross-section requirement or a violation of the Equal Protection Clause. The Coui't therefore finds no constitutional error with respect to the alleged under-representation of blacks. b. Young Adults As to Petitioner’s claim that young adults were under-represented on the petit jury, Petitioner has not satisfied the Court that these young adults constitute a cognizable group. “Whether or not a class of persons is a[sic] sufficiently distinct and cognizable for sixth amendment fair cross-section analysis is a question of fact.” Willis v. Zant, 720 F.2d 1212, 1216 (11th Cir.1983) (citation omitted). In Willis, the Eleventh Circuit set forth the following standard for showing that a group is distinct or cognizable: To show that a group is distinct or cognizable under the sixth amendment, a defendant must show: (1) that the group is defined and limited by some factor i.e., that the group has a definite composition such as by race or sex; (2) that a common thread or basic similarity in attitude, ideas, or experience runs through the group; and (3) that there is a community of interest among members of the group such that the group’s interests cannot be adequately represented if the group is excluded from the jury selection process. 720 F.2d at 1216. In Wysinger v. Davis, 886 F.2d 295 (11th Cir.1989), the Eleventh Circuit specifically stated that “age alone does not identify an identifiable group for Sixth Amendment purposes.” Id. at 296. At the pre-trial hearing in this case, Petitioner elicited testimony regarding studies that have analyzed the attitudes and similarities of young people between the ages of 18 and 30. Most of these studies were national studies or pertained to young people in other areas of the country, such as Queens County, New York. (R. Ex. 11 at 193-94, 257-58). The testifying expert, Bartley Hale, had, however, conducted a few studies relative to young people between the ages of 18 and 30 in Cobb County specifically. (Id. at 191-92, 260-62). These studies did not explicitly look at age difference but were studies examining political opinions with age being one of the variables included in the study. (Id. at 191-92.) Based on his own research, his knowledge of studies by others, and his familiarity with court decisions, Dr. Hale testified that it was his professional opinion that “the age of 18 to 30 is a separate and distinct group that shares similar attitudes, that differs from people who are 31 and over.” (Id. at 222.) He further testified, “We find that the 18 to 30-year-old age groups in terms of what’s referred to as a stratification system are clearly very different than people of other ages.” (Id. at 223.) In his professional opinion, Dr. Hale likewise testified that under-representation of young people would deprive the traverse jury list of a community of interest or attitudes which would not be brought to the list from other age groups. (Id. at 198.) While the above-mentioned evidence largely pertains to young people between the ages of 18 and 30, Petitioner’s statistical evidence in this case pertains to young-adults between the ages of 18 and 24 and 25 and 34. Specifically, Petitioner presented evidence at the pre-trial hearing establishing that the absolute disparity between the number of young adults ages 18 and 24 in the community and their representation of the traverse jury list was 7.5 % and that the absolute disparity between the number of young adults ages 25 and 34 in the community and their representation of the traverse jury list was 4.7%. (R. Ex. 11 at 287-90). Although requested by the trial court, the absolute disparity for the age group between 18 and 30 was not established. (Id. at 289.) Petitioner’s presentation of evidence with respect to young adults was and is extremely problematic. As the above discussion indicates and the Georgia Supreme Court observed, “His evidentiary presentation was somewhat vague as to what group of young persons might constitute a cognizable, underrepresented class, and his evidence related, variously, to persons between the ages of 18 and 30, 18 and 24, and 25 and 34.” Jefferson, 256 Ga. at 823, 353 S.E.2d 468. The trial court found after the pre-trial hearing, and the Georgia Supreme Court agreed, that Jefferson failed to establish the cognizability of any group of young persons as a matter of fact. Id. The trial court and the Georgia Supreme Court did not err in rejecting Petitioner’s claims as to young adults. As an initial matter, the Court finds that the testimony of Dr. Hale in no way established that persons between the ages of 18 and 24 and 25 and 34 represent a cognizable group, as Dr. Hale’s testimony focused exclusively on the commonalities or similarities in attitude among persons between the ages of 18 and 30. Even with respect to the evidence presented regarding persons between the ages of 18 and 30, the evidence did not adequately establish that people at the age of 18 share a common thread or similar attitudes with people at the age of 30. As Petitioner’s own expert testified, “[t]he age of 30 ... is somewhat arbitrarily selected.” (R. Ex. 11 at 216.) With respect to the studies about which Dr. Hale did testify, these studies, for the most part, were national studies or studies of young adults living outside of Cobb County. Yet, Dr. Hale even acknowledged that “when you start talking about age groups, you have to look at age in terms of what a particular local population is going to consider differences in age.” (Id.) Thus, the studies not specific to Cobb County are not persuasive evidence that the group of young adults in Cobb County constitute a cognizable group. Dr. Hale did testify, as mentioned supra, about his political research analyzing the attitudes of young adults ages 18 to 30 in Cobb County regarding the Metropolitan Atlanta Rapid Transit Authority, a state lottery, horse racing, and consolidating services in Cobb County, but the limited evidence about the young adults’ attitudes regarding these miscellaneous matters is not sufficient to establish that “a common thread or basic similarity in attitude, ideas, or experience runs through [young adults in Cobb County between the ages of 18 and 30]” or “that there is a community of interest among members of the group such that the group’s interests cannot be adequately represented if the group is excluded from the jury selection process.” Willis, 720 F.2d at 1216; see also Willis v. Kemp, 838 F.2d 1510, 1516-17 (11th Cir.1988) (holding that adults between the ages of 18 and 29 are not a distinctive group because the group had not been defined and limited with respect to the community, had not' been shown to be internally cohesive, and had not been shown to have views that could not be represented by other members of the community); Cox v. Montgomery, 718 F.2d 1036, 1038 (11th Cir.1983) (holding that adults between the ages of 18 and 30 are not a distinctive group for purposes of jury venire). As Petitioner has failed to establish a cognizable or recognizable, distinct class of young adults in Cobb County, Petitioner’s constitutional challenges to the purported under-representation of young adults fail. c. Persons over Eighty Years of Age Petitioner finally claims that his constitutional rights were violated by the systematic exclusion of persons over eighty years of age by the Cobb County Board of Jury Commissioners. Petitioner’s sole support for his claim that persons over eighty years of age were systematically excluded from Cobb County’s grand jury and traverse jury pools is the testimony of Willie Dobbins, who was, during the relevant time period, Chairman of the Board of Jury Commissioners. Dobbins testified that he eliminated from the grand jury lists those persons he knew to be eighty and over. (R. Ex. 10 at 20, 25-26.) With the exception of Commissioner Harry W. Livingston, who testified that he eliminated one person he knew to be 94 years old, no other commissioner engaged in Dobbin’s practices. (Id. at 42, 53-54, 58-59, 79-80, 89, 96-97.) While the exclusion of anyone solely on the basis of their age is not a practice to be condoned or repeated, absent law authorizing such a practice, Petitioner’s constitutional claims fail because there is no evidence in the record to establish that persons age eighty and over are a cognizable class. Nor did Petitioner present any statistical evidence to establish that the representation of persons aged eighty and over was not fair and reasonable or that this group of persons was under-represented to an unconstitutional degree for a significant period of time. As such, this portion of Claim XXIV also fails. 2. Claim XXX In Claim XXX of the Corrected Amended Petition, Petitioner contends that he was denied due process and a reliable sentencing proceeding when the court excused jurors whose views about the death penalty would not have substantially impaired their ability to perform their duty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments. Petitioner specifically challenges the trial court’s excusal of venire members Mary Ann Newkirk, Reí-da Williamson, and Milton Beck. The Supreme Court of Georgia concluded on direct appeal that all three venire members were properly excused. Jefferson, 256 Ga. at 823-24, 353 S.E.2d 468. In Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), the Supreme Court concluded that if a trial court excuses potential jurors for cause simply because they “expressed qualms about capital punishment,” 391 U.S. at 513, 88 S.Ct. 1770, the jury obtained would not be the impartial jury required by the Sixth Amendment, but rather one “uncommonly willing to condemn a man to die,” id. at 521, 88 S.Ct. 1770. The Court held in Witherspoon that “a sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty....” Id. at 522, 88 S.Ct. 1770. The Supreme Court has since held that the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment is whether “the juror’s views would ‘prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ ” Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985) (quoting Adams v. Texas, 448 U.S. 38, 45, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980)). Determining when a juror’s views would substantially impair the performance of his or her duties as a juror is not an easy task, but the standard articulated in Wainwright “does not require that a juror’s bias be proved with ‘unmistakable clarity.’ ” Wainwright, 469 U.S. at 424, 105 S.Ct. 844. “[T]here will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law,” id. at 425-26, 105 S.Ct. 844, and “deference must be paid to the trial judge who sees and hears the juror,” id. at 426, 105 S.Ct. 844. Indeed, a determination by a trial court to exclude a juror for “cause” based on their views on capital punishment is a finding of fact to be accorded a presumption of correctness on habeas review under 28 U.S.C. § 2254(d). Id. at 428, 105 S.Ct. 844. a. Mary Ann Newkirk During voir dire by the trial court, veni-re member Newkirk initially testified that she did not know whether she was conscientiously opposed to the death penalty. (R. Ex. 15 at 162.) She indicated that she “couldn’t say a frank yes or no,” and she guessed she would have to base her view on capital punishment as to what the evidence was in the case. (Id. at 162-63.) Upon further questioning, Ms. Newkirk testified that she guessed she was conscientiously opposed to capital punishment, but she nevertheless maintained that she would not automatically vote against the imposition of the death penalty without regard to the evidence developed during the trial. (Id. at 163.) She stated that she was generally opposed to the death penalty but that she hoped she could and would try to accept the instructions of the trial court and weigh the evidence in the case and be fair and impartial. (Id. at 163-64.) When questioned by the prosecutor, Ms. Newkirk testified that she would hate to consider the death penalty as punishment. (Id. at 167.) The following exchange then took place between the prosecutor and Ms. Newkirk: Q: Well, let me ask you this question, is your answer such that you feel your feelings about the death penalty would prevent or substantially impair your performance in your duties as a juror in this case? A. Maybe they would. You know, just because I — I just would hate to sit in judgment — for me to be the one to sit in judgment on another human being. Q. Sure. A. I have never been asked to do this before. Q. I dare say probably there haven’t been too many jurors that have, and I understand your feelings. We, of course, have to be — have to have definitive answers so we can make a determination. Let me ask you that again, because it is kind of a tough question. Do you feel that your feelings about capital punishment are such that it would prevent you or substantially impair you in your duties as a juror in accordance with the instructions and oath of the Court? A. Yes. (Id. at 167-68.) District Atto