Full opinion text
MEMORANDUM LEGG, District Judge. In 1984, a Maryland state jury convicted the petitioner in this case, Vernon Lee Evans, Jr. (“Evans”), on two counts of first degree murder for the shooting deaths of David Scott Piechowiez and Susan Kennedy. At the subsequent sentencing, the same jury imposed two death sentences. On post-conviction review in 1991, the Circuit Court for Worcester County vacated the two death sentences and granted Evans a new sentencing. In 1992, a resen-tencing jury also returned two death sentences. In total, Evans has petitioned the Maryland Court of Appeals five times in this case, leading that Court to publish four separate substantive opinions, comprising approximately 164 pages. Now, fifteen years after his guilt phase trial, Evans has exhausted his direct and post-conviction appeals in the Maryland state courts and has filed this petition seeking a federal writ of habeas corpus relief pursuant to 28 U.S.C. § 2254. Because Evans filed his petition on November 3, 1997, it is governed by the Antiter-rorism and Effective Death Penalty Act (“AEDPA”). AEDPA, Pub.L. 104-132, tit. I, §§ 101-06, 110 Stat. 1214-21 (Apr. 24, 1996). Evans raises a number of alleged constitutional errors relating both to his guilt phase and resentencing trials. The parties comprehensively briefed the issues, and this Court held a hearing, at which able counsel represented Evans and the State of Maryland (the “State”). For the following reasons, the Court shall DENY Evans’s petition for relief. I. Background In 1985, the Maryland Court of Appeals summarized the underlying facts of this case: Evans and Anthony Grandison entered into an agreement whereby Evans would kill David Scott Pieehowicz and his wife, Cheryl, because the couple were scheduled to testify against Grandison in a narcotics case pending in the United States District Court for the District of Maryland. Evans was to receive $9,000.00 from Grandison for performing the murders. David Scott Pieehowicz and Cheryl Pieehowicz were employed at the Warren House Motel in Baltimore County. On April 28, 1983, Susan Kennedy, the sister of Cheryl Pieehowicz, was working in the place of Cheryl at the Warren House Motel. The evidence was sufficient to prove beyond a reasonable doubt that, on April 28th, Evans went to the motel and, not knowing the Piechow-iczs, shot David Scott Pieehowicz and Susan Kennedy with a MAC-11 machine pistol. Nineteen bullets were fired at the victims, who died from the multiple gunshot wounds. Among the witnesses offering significant incriminating evidence against the defendant Evans were Janet Moore, Charlene Sparrow and Calvin Harper. Moore, Grandison’s girlfriend, had been contacted by Grandison, who was then in the Baltimore City Jail, to assist in making arrangements for the murder of the witnesses. Sparrow was Evans’s girlfriend and offered the most damaging testimony about the defendant’s involvement as the killer. According to Sparrow, she had accompanied the defendant and Moore to the Baltimore City Jail where the latter two visited Grandison two days before the shooting, inspected the reception desk area of the Warren House Hotel, and reported to the defendant concerning the people working there and the presence or absence of security features. Sparrow testified that, at the request of the defendant and with his funds, she obtained a room at the motel, was with the defendant in the immediate area of the lobby at the time of the shooting, and wiped down the smoking MAC-11 machine pistol handed to her by the defendant immediately after the shooting. She related that the defendant told her that he would receive $9,000.00 “if he knocked both of them off.” Harper’s testimony involved activities of April 26, 27 and 28, 1983, and included a description of the defendant’s acquisition of the machine pistol from Rodney Kelly, as well as the defendant’s statement that he liked the gun. Evans II, 304 Md. 487, 494-96, 499 A.2d 1261. The state and federal governments both brought charges against Evans in connection with the shootings. As part of a coordinated strategy between the United States Attorney’s Office for the District of Maryland and the Baltimore County State’s Attorney’s Office, the agencies cross-designated special prosecutors for Evans’s federal and state trials. As a result, Assistant United States Attorney, David B. Irwin, participated in Evans’s state trial. The guilt phase jury convicted Evans on two counts of first degree murder. At the sentencing phase, the jury returned two death sentences. Evans exhausted his direct appeals when the Supreme Court denied certiorari on June 30, 1986. 478 U.S. 1010 (1986). In 1991, however, the Honorable Theodore R. Eschenburg, Associate Judge of the Circuit Court for Worcester County, Maryland partially granted Evans’s first petition for post-conviction relief and ordered resentencing, though he denied relief on the underlying convictions. (See Exh. 48 at 38.) At resentencing in 1992, which was presided over by the Honorable Christian M. Kahl of the Circuit Court for Baltimore County, a jury again returned two death sentences. Again the Court of Appeals affirmed, Evans TV, 333 Md. 660, 637 A.2d 117 (1994); and again the Supreme Court denied certiorari, 513 U.S. 833, 115 S.Ct. 109, 130 L.Ed.2d 56 (1994). Following completion of direct appeal on his resentencing, Evans filed a second post-conviction petition for relief in state court on August 29, 1995. This second petition primarily addressed matters relating to resentencing, but also addressed issues relating to the guilt phase trial and subsequent appeals. On January 24, 1997, after holding an evidentiary hearing, the Honorable James T. Smith, Jr. of the Circuit Court for Baltimore County, Maryland denied Evans’s petition. On May 7, 1997, the Court of Appeals denied leave for appeal. Evans filed a petition for certiorari to the Supreme Court. On November 3, 1997, while that petition was pending, Evans filed the instant habeas petition. The Supreme Court denied certiorari on November 10, 1997, 118 S.Ct. 411, leaving this habeas petition as Evans’s last avenue for relief. Before addressing the merits of this petition, the Court will consider the appropriate standards for this Court’s review of state court legal and factual determinations. II. Application of the AEDPA to this case In 1996, before Evans filed this habeas petition, Congress enacted the Antiterrorism and Effective Death Penalty Act, (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1218. The statute amended Chapter 153 of Title 28 to narrow the scope of review of federal habeas petitions filed by state prisoners. See id. AEDPA also created a new Chapter 154, governing federal habe-as corpus review for state death penalty cases. See id. Counsel for Evans and for the State agree that the case should be governed by the amended standards of review set out in 28 U.S.C. § 2254(d) and (e). Section (d) now provides that a federal court shall not grant relief with respect to any claim that was “adjudicated on the merits” in State court, unless that adjudication: (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. § 2254(d). New Section (e) also requires broad deference to state court factual determinations. Section (e)(1) now provides that a federal habeas court shall presume correct a state court’s determination of a factual issue, with the petitioner having the burden of rebutting that presumption. The Fourth Circuit recently issued its first opinion regarding the proper application of these standards. See Green v. French, 143 F.3d 865 (4th Cir.1998). In Green, the Fourth Circuit explained that courts should read § 2254 in a way that “accord[s] each term its most natural (even if not its only) meaning.” Id. at 870. Based on such a reading, the Fourth Circuit held that “habeas relief is authorized only when the state courts have decided the question by interpreting or applying the relevant precedent in a manner that reasonable jurists would all agree is unreasonable ....” Id. The Fourth Circuit affirmed this standard of review in Williams v. Taylor, 163 F.3d 860, 865-866 (4th Cir. 1998), petition for cert. granted, — U.S. -, 119 S.Ct. 1355, 143 L.Ed.2d 516, 1999 WL 148296 (U.S.1999). As previously stated, the Maryland Court of Appeals has published four separate, substantive opinions in this case, encompassing approximately 164 pages. The Evans “canon” also includes two unpublished opinions of the Maryland trial judges who decided Evans’s post-conviction petitions. In these six opinions, the Maryland courts have addressed every issue that Evans raises in the instant habeas corpus petition. Accordingly, the standards of deference set out in amended § 2254, as interpreted by the Fourth Circuit in Green, will inform this Court’s analysis. In many of his claims, Evans contends that his previous counsel rendered ineffective assistance. These contentions are governed by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In order to prove that an attorney’s performance warrants overturning a conviction and/or sentence, a defendant must satisfy a two-prong test. The defendant must demonstrate both that: i) “counsel’s performance was deficient” and ii) “the deficient performance prejudiced the defense.” Id. at 687, 104 S.Ct. 2052. The Strickland test will govern this Court’s analysis of each of Evans’s ineffective assistance claims. III. Merits of Evans’s petition Evans raises four distinct sets of claims. The first set, addressing both Evans’s guilt phase and resentencing trials, essentially repeats allegations that Evans raised in his last petition for certiorari to the Supreme Court; the second set advances claims relating to the guilt phase trial; the third set advances claims relating to the resentenc-ing trial; and the final set advances miscellaneous claims. The Court considers these sets in turn. A. Claims that Evans included in his last petition for certiorari, which the Supreme Court denied on November 10, 1997 (118 S.Ct. 411 (1997)) 1. Batson claim from trial Evans’s first claim of error relates to the prosecutor’s use of peremptory strikes at Evans’s guilt phase trial in 1984. As this was a capital trial, the court (the Honorable Dale R. Cathell, Associate Judge of the Circuit Court for Worcester County, Maryland) conducted an extensive voir dire, both collectively (in open court) and individually (at the bench). After voir dire, during which a number of veniremen were stricken for cause, the petit jurors were selected. The clerk directed the prospective petit jurors to stand, one at a time. As each rose, the judge asked counsel whether the juror was to be seated or stricken peremptorily. Thus, in order for a juror to be seated, he had to be acceptable (not peremptorily stricken) to both sides. Midway through the process, Judge Cat-hell called counsel to the bench, reminding them to stay in alternating order when exercising peremptories. A clear record was required, Judge Cathell advised, because of a line of Maryland cases disapproving racial strikes. Judge Cathell, who was marking the race of each venireman, particularly wanted to ensure that federal prosecutor Irwin was aware of the Maryland cases. Mr. Irwin is on loan from the United States ■ Attorney’s Office. There has been some extremely strong language in dicta about using peremptory challenges for racial purposes. And I think you ought to think about that. That’s all I want to tell you and what Ms. Jung can tell you. But the Maryland law and Maryland cases, in the Attorney General’s opinion in that respect, you are at least to consider, if you have not considered. (Exh. 75 at 462). In response, Irwin stated that he was aware of the Maryland cases and denied that he was striking anyone based on race. {See id.). After the twelve members of the petit jury had been selected, Evans’s counsel asked to approach the bench. The following dialogue ensued: THE COURT: The Jury, as it is presently constituted, is it acceptable to the Defendant? DEFENSE ATTORNEY: Your Honor, may we approach the bench? THE COURT: You may. The record will reflect the Defendant is invited to the bench. (Whereupon, Counsel and the Defendant approached the bench and the following proceedings were held out of the hearing of the jury.) DEFENSE ATTORNEY: Your Honor, if Your Honor please, the panel is not acceptable to the Defendant as seated for the following reasons: One, that the State has exercised its peremptory challenges to purposely limit blacks from representation on the panel. The State struck eight of ten prospective black jurors utilizing their peremptory challenges. DEFENSE ATTORNEY: I submit to the Court there were ten blacks presented to the jury panel and the State utilized its peremptory challenges to striking eight of those ten, leaving two blacks on the jury panel. I believe that the State did so in a manner to limit the black representation on the panel. I believe the State exercised its peremptory challenges in a totally racially motivated manner, and therefore, this panel certainly does not represent an adequate cross-section. Based on that, Your Honor, the panel is not acceptable. THE COURT: Do you care to be heard on his objections raised to the panel by Defense Counsel? PROSECUTING ATTORNEY: Yes, Your Honor. I don’t know how many black people we struck. I didn’t keep tract of whether we were striking black people or white people. We struck on background, age, occupation, what was learned during the voir dire at the bench and in open court. We did not strike on racial grounds. I am looking now at the jury and I see that there are two black jury persons on this jury. And I also note I am sure I struck some white people. I don’t know. I am sure I struck some white people. DEFENSE ATTORNEY: Two. THE COURT: As to who is counting, it’s two or three. PROSECUTING ATTORNEY: That’s news to me. I didn’t keep track. I wasn’t striking on racial grounds. DEFENSE ATTORNEY: On that issue, may we make a proffer to the Court? DEFENSE ATTORNEY: The peremp-tories exercised by the State— THE COURT: The peremptories exercised by the State, according to my records, were_, the lady in the red back here; _■ — • DEFENSE ATTORNEY: Yes. THE COURT: -_-__ DEFENSE ATTORNEY: Excuse me, Your Honor. There was also_ THE COURT: I’m sorry, that’s right. You are correct. There were eight. I did not have_down here. DEFENSE ATTORNEY: That makes eight. THE COURT: Eight blacks. We are in agreement. Very good. I’m sorry, I didn’t have him down. DEFENSE ATTORNEY: Now, the record is clear. THE COURT: The objections are noted for the record. Your objections are overruled. And otherwise, the jury is now acceptable to you with the objections noted? DEFENSE ATTORNEY: With those caveats, the panel is not acceptable. With the caveats, the panel is otherwise acceptable. THE COURT: Thank you. Gentlemen, we will now proceed to seat two alternates. (Id. at 474-79.). In 1985, when Evans II was decided, Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965), had not yet been superceded by Batson. In Evans II, however, the Maryland Court of Appeals recognized that Swain was of doubtful validity. The defendant argues, with considerable force, that Swain is no longer controlling. He points out that Swain was decided only on equal protection grounds, and that three years following the decision in that case the Supreme Court ruled in Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968), that the Sixth Amendment guarantee of trial “by an impartial jury” was applicable to the states. Evans II, 304 Md. at 525, 499 A.2d 1261. Anticipating Batson, the court then analyzed the considerable body of case law that had by then developed, holding that a prosecutor was constitutionally prohibited from exercising peremptory strikes based on race. See id. at 525-26, 499 A.2d 1261. The Court of Appeals assumed arguendo that Evans had made a showing sufficient to establish a prima facie violation. The court then reviewed the trial record to determine whether prosecutor Irwin had adequately rebutted Evans’s prima facie case. In rejecting Evans’s claim, the court found that: i) Judge Cathell had accepted Irwin’s representations that the prosecution’s strikes were not motivated by race and ii) the record was sufficient to support Judge Cathell’s factual ruling: the explanation offered by the prosecutor, and apparently accepted by the [trial] court, was sufficient under the circumstances to support the decision of the trial judge in overruling the defendant’s objection. The prosecution in this case had declined to exercise peremptory challenges against two blacks who were impaneled and instead used its two remaining challenges to exclude whites. It is also significant that neither the judge nor defense counsel questioned the explanation of the prosecutor or requested further particulars. This may well have represented a tactical decision by the defendant’s counsel, to require the court’s decision to be made upon the weighing of the defendant’s prima facie showing against the rather general response of the prosecutor, as opposed to seeking specific information from the prosecutor as to each excused venireman and running the risk of further strengthening the prosecutor’s explanation. For whatever reason, the explanation of the prosecutor stood uneontroverted and unimpeached. As we have indicated, it was sufficient to support the decision reached by the trial judge. Id. at 528, 499 A.2d 1261. The Supreme Court decided Bat-son while Evans’s petition for certiorari, filed after his direct appeal, was pending. Because Evans’s conviction was not then “final,” Batson controls. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987). In his first state post-conviction petition, Evans sought a new trial on the ground that the earlier state court proceedings did not satisfy the newly-announced Batson standard. Judge Eschenburg rejected Evans’s claim, finding that: i) “the [trial] Court and Petitioner’s trial counsel [had] anticipated a Batson type case” and that “Judge Cathell, anticipating a Batson type decision, did, in fact, require the .State to give its reasons for striking the black jurors.” (Exh. 48 at 3, 6); ii) Evans was incorrect in arguing that the trial court “should have demanded an explanation as to why each of these black jurors had been stricken” (Exh. 48 at 6 (emphasis in original)); iii) the reasons given by prosecutor Irwin were racially neutral; iv) Judge Cathell had accepted those reasons; v) the prosecutor’s reasons, unlike those discussed in Chew v. State, 317 Md. 233, 562 A.2d 1270 (1989), did not appear to be disingenuous; and vi) two black jurors (out of twelve) had been seated on the petit jury. In his habeas corpus petition, Evans makes the following four claims under Bat-son: i) because his trial and direct appeal concluded before the Supreme Court announced Batson, the federal courts should give no deference to the state proceedings described above; ii) Batson requires, “[the] prosecution to articulate a race-neutral reason for each strike” once a prima facie case has been established (Pet. at 10 (emphasis added)); iii) the race-neutral reasons given by prosecutor Irwin were clearly pre-textual; and iv) his appellate counsel rendered ineffective assistance by failing to demonstrate this pretext by comparing the ages, occupations, etc. of the potential jurors Irwin struck against those he did not strike. None of these contentions, which the Court will address in turn, has merit. First, anticipating the shifting burdens eventually adopted by the Supreme Court in Batson, the Maryland Court of Appeals in Evans II applied a reasonable and correct legal standard. In his post-conviction decision, Judge Eschenburg measured Evans’s claim against Batson, which had by then been published. Accordingly, both state court adjudications are entitled to deference under § 2254(d) and (e). Second, Batson does not require the prosecutor to provide an individual explanation for each strike. See U.S. v. Davis, 871 F.2d 71, 72 (8th Cir.1989) (finding sufficient the prosecutor’s explanation that he exercised peremptory challenges based upon general characteristics, such as marital status, age, and employment); U.S. v. Allison, 908 F.2d 1531, 1537, 1538 n. 9 (11th Cir.1990) (finding satisfactory the prosecutor’s explanation that he exercised peremptory challenges based upon general characteristics, such as education, family background, employment, and age). The prosecutor must only provide a “ ‘clear and reasonably specific’ ” justification for his use of strikes, “relating] to the particular case to be tried.” Batson, 476 U.S. at 98, 98 n. 20, 106 S.Ct. 1712 (citation omitted). Third, Evans’s analysis of the ages, occupations, etc. of the jurors stricken and accepted does not clearly demonstrate the pretextuality of Irwin’s explanation. The Supreme Court has stated: “[a]s with the state of mind of a juror, evaluation of the prosecutor’s state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’ ” Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991) (citing Wainwright v. Witt, 469 U.S. 412, 428, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985)). Against Judge Cathell’s contemporaneous evaluation of Irwin’s credibility, Evans’s retrospective parsing of the “curricula vitae” of the jurors is unavailing. Finally, Evans’s appellate counsel were not constitutionally remiss in failing to develop this “curricula vitae” evidence on direct review. This Court finds the proposed evidence unpersuasive as it does not clearly demonstrate that the factual determinations of Judge Cathell and the Court of Appeals were incorrect. Accordingly, Evans’s appellate counsel did not render ineffective assistance under Strickland. Under § 2254(d), the aforementioned state adjudications are presumed correct, and may be overturned only if they: i) resulted in a decision contrary to Batson; ii) unreasonably applied Batson; or iii) resulted in a decision based on an unreasonable determination of facts in light of the state court evidence. As none of these conditions exists, the state court adjudications pass muster under § 2254. 2. Ineffective assistance at resen-tencing, part 1: counsel’s failure to call witnesses Weinstein and Pinkney At Evans’s guilt phase trial, the jury convicted him of first degree murder and related offenses. At the subsequent sentencing phase trial, the same jury imposed the death penalty. After this sentence was vacated on state habeas review, Evans was resentenced some eight years later, by a different jury. This second jury also imposed the death penalty. Under Maryland law, a sentencing jury may not impose the death penalty unless it finds, beyond a reasonable doubt, that the defendant was a principal in the first degree. As a practical matter in this case, the State was required to prove that Evans was the triggerman. In the typical Maryland capital case, the prosecutor need not call witnesses during the sentencing phase to prove the princi-palship of the defendant. Instead, the government may rely on the jury’s recall of the evidence presented in the just-concluded guilt phase trial. Because Evans’s resentencing jury was new, however, the prosecution was obliged to call witnesses in support of its theory that Evans was the triggerman. In preparing for the resentencing, Evans’s new counsel, Assistant Public Defenders Sally C. Chester and William Kan-wisher, were faced with a tactical decision. Should they pursue a mitigation strategy by demonstrating Evans’s remorse, former drug use, and rehabilitation while in prison? Should they contest his prineipalship? Should they do both? Experienced with capital cases, both Chester and Kanwisher recognized that actively contesting principality would undercut a mitigation defense. While the two defenses were not mutually exclusive, it was, in Chester’s words, “difficult” and “not desirable” to advance both theories. (Exh. 101 at 54-55). As part of their preparation, resentenc-ing counsel reviewed some sixteen boxes of documents comprising the record, discovery, and other materials in the state and federal trials of Evans and Grandison. (See id. at 50, 83). Counsel also met with Evans and interviewed witnesses. As Chester explained, counsel ultimately decided that “we could not win on the principality issue” and came “to the conclusion and we had told Mr. Evans that this case, if we were going to get him a life sentence, was going to happen in mitigation.” (Id. at 133). Evans eventually, albeit reluctantly, “acceded” to the mitigation strategy. Chester explained: “I don’t think he was very happy with it, but he acceded to what we did.” (Id. at 85, 88). Chester did not concede prineipalship in her opening statement, though she did not deny it either. Rather, she emphasized mitigation. (See id. at 128-29, 133). During the government’s case, Chester did not cross-examine the State’s identification witnesses. (See id. at 55). The defense witnesses testified only as to mitigation. In closing argument, Chester conceded that Evans had participated in the crimes as a first degree principal, but argued that life imprisonment, rather than death, was the appropriate punishment. (See id. at 86). In his second post-conviction petition, Evans claimed that his resentencing counsel, Chester and Kanwisher, provided ineffective assistance by failing to press a “not-a-principal” defense. In that regard, he faults his attorneys for failing to interview and call two witnesses, Roberta Weinstein and Darece Pinkney, whose testimony suggests that Evans was not the triggerman in the murders. Judge Smith held an evidentiary hearing at which Wein-stein and Pinkney testified as did Chester and Kanwisher. Briefly put, when the shootings occurred, Weinstein was working in her jewelry store inside the Warren House Hotel. She heard a sound like glass breaking; she saw a man firing a pistol, and she saw Scott Piechowicz fall. (See id. at 31-33). Weinstein was about 30-35 feet away. (See id. at 36). She could not see the gunman’s face, and she could not discern his race. (See id. at 38). She recalls, however, that the gunman was a head shorter than Mr. Piechowicz and estimated the shooter’s height at around 5'7" or 5'8". (See id. at 33). According to his petition, Evans is 5'2" tall. When Evans was asked to stand in the courtroom, Weinstein stated that the gunman was “a lot taller.” (Id. at 37-38). Darece Pinkney testified that immediately after the time of the shooting, she was standing on her front porch, two doors down from the Warren House Hotel. She “saw a man just streak past my door.” (Id. at 147). Pinkney described the man as a “black individual ... [ajbout five eight, five nine.” (Id. at 148). When asked to look at Evans, who was standing at counsel table, she said that the person she saw was much taller. (See id. at 154). Both Weinstein and Pinkney gave statements prior to the guilt phase trial, and both were willing to testify at the resen-tencing had they been called. (See id. at 43, 155). Chester and Kanwisher testified that: i) despite doing some preliminary work to locate the witnesses, counsel had let them “fall through the cracks,” ultimately never interviewing either witness before the resentencing; ii) they did not know what the witnesses’ testimony would have been; iii) they would have called the witnesses on the principality issue had they been aware of the witnesses’ potential testimony; and iv) their failure to call the witnesses was motivated by ignorance rather than tactics. (See e.g. id. at 52-54; Exh. 103 at 43-^5). At the second post-conviction hearing, Evans argued that Chester’s and Kanwisher’s failure to locate and interview the witnesses constituted ineffective assistance because: i) counsel’s tactical decision to concede principalship is unsustainable as it was based on inadequate investigation; .and ii) counsel’s failure cannot be upheld as a trial strategy given that counsel disclaimed any strategic motivation in not presenting the witnesses. Judge Smith rejected these arguments. In a series of factual determinations set out in his written opinion, Judge Smith concluded that Chester and Kanwisher “chose a trial strategy not to challenge the State’s evidence on this [principalship] issue,” “chose to present a position of remorse and rehabilitation,” “pursued the strategy competently and consistently,” and that “the decision to pursue mitigation was a sound tactical one reached after considering the issue and consulting with Petitioner and Petitioner voicing no objection.” (Exh. 67 at 5). In a finding of law, Judge Smith, citing Maryland and Supreme Court precedent, stated that “[a] finding of ineffective assistance of counsel may never be predicated upon a strategy decision, unless the strategy was totally unreasonable.” (Id). In a mixed finding of law and fact, Judge Smith held that the performance of Chester and Kanwisher, far from being constitutionally inadequate, was sound and effective. He concluded: “[p]etitioner has failed to demonstrate that resentencing counsels’ strategic decision was unreasonable.” (Id at 5-6). In his instant habeas corpus petition, Evans contends: i) that Judge Smith applied an inaccurate legal standard when he wrote that a tactical decision must be upheld under Strickland unless it is “totally unreasonable.” Because of this erroneous legal standard, Evans contends, Judge Smith’s findings are entitled to no deference under § 2254(d) or (e); and ii) counsel’s failure to call Weinstein and Pinkney is a violation of Strickland; Judge Smith’s opinion to the contrary being unreasonable under the law. The Court will address these two arguments, neither of which has merit, in turn. First, Judge Smith did not base his decision on a technical parsing of the phrase “totally unreasonable.” Instead, he found that the strategic decisions of Chester and Kanwisher were “sound.” A sound strategy is necessarily reasonable and adequate under Strickland. Accordingly, Judge Smith used the correct legal standard, and his opinion is entitled to deference under § 2254(d) and (e). Second, the Supreme Court held in Strickland that strategic choices made after less than complete investigation are reasonable if the limitation on the investigation is supported by reasonable professional judgments. Strickland, 466 U.S. at 690-91, 104 S.Ct. 2052. Chester and Kanwisher abandoned their efforts to locate the two witnesses, whose testimony was potentially relevant solely to principal-ship, only after rejecting principalship in favor of mitigation. Their decision in this regard was entirely reasonable. In fact, pursuing any course other than mitigation would have been of questionable judgment. At Evans’s original trial in Worcester County, the State had demonstrated its ability to establish that Evans was the triggerman. The State had called witnesses who testified that Grandison hired Evans to kill Scott and Cheryl Pie-chowicz, that Evans admitted he would receive $9,000 if he “knocked both of them off,” that Evans displayed a machine pistol the day before the shootings, that Evans rented a room at the hotel and was in the lobby at the time of the shootings, and that Evans was holding a smoking machine pistol immediately after the shootings. See Evans II, 304 Md. at 495-96, 499 A.2d 1261. At the guilt phase trial, defense counsel cross-examined these witnesses, challenged their testimony, and argued that Evans was not the triggerman. Despite these efforts, the jury found Evans guilty beyond a reasonable doubt. The first sentencing jury imposed the death penalty, necessarily finding principalship beyond a reasonable doubt. At resentencing, defense counsel could have reprised the early, unsuccessful not-a-principal defense or pursued a different strategy. They quite reasonably chose mitigation as the centerpiece of their case. While mitigation and principalship are not technically inconsistent, contrition sounds hollow if unaccompanied by an admission of wrongdoing. Given their reasonable strategy decision to present a mitigation defense, resentenc-ing counsel did not act unreasonably in failing to interview Weinstein and Pinkney. Accordingly, pursuant to § 2254, this Court defers to Judge Smith’s finding that resentencing counsel pursued a sound trial strategy. Even if Chester and Kanwisher had acted unreasonably in failing to interview the witnesses, Evans has not established that he was prejudiced. Though no witness actually saw Evans shoot Piechowicz and Kennedy, the government amassed a tremendous amount of circumstantial evidence to that effect. Given the relatively weak testimony of Weinstein and Pinkney, this Court finds that the resentencing jury would have imposed a death sentence, whether or not defense counsel had called these two witnesses. 3. Ineffective assistance at resen-tencing, part 2: date of parole Evans contends that his resentencing attorneys were ineffective because they failed to call an expert on federal parole. Such an expert, Evans asserts, would have testified that Evans would not be paroled from his federal sentence, and begin serving his state sentences, for at least thirty years. The resentencing jury would have been less likely to sentence him to death had it heard this evidence; thus, the failure to call a parole expert was prejudicial. Evans raised this claim in his second post-conviction petition; Judge Smith denied the claim on the merits. At the time of his resentencing in 1992, Evans already faced four separate sentences for the killings. At the conclusion of his federal prosecution, Evans received a life sentence for conspiracy to violate civil rights and a consecutive ten year sentence for witness tampering. (See Exh. 4, Crim. Docket in United States v. Anthony Grandison, et al., D.Md.Crim. No. HM-83-200, entry 242). When Judge Eschen-burg vacated Evans’s state death sentences, he left undisturbed a twenty year sentence on a handgun count and a life sentence for conspiracy to commit murder. (See Exh. 48 at 2, 28-31, 38). The two state sentences were imposed consecutively to the federal sentence, meaning that Evans would not begin to serve his state sentences until he had been released from federal custody. The resen-tencing jury was obliged to determine whether Evans would receive death or life sentences for the Kennedy and Piechowicz murders. If life sentences were imposed, the judge rather than the jury would decide whether the sentences would be imposed concurrently or consecutively to one another and to the other time Evans was serving. See Hunt v. State, 321 Md. 387, 405, 583 A.2d 218 (1990). In a capital case, a defendant may “place before the jury relevant and competent information concerning his eligibility for parole in the event a life sentence is imposed....” See Doering v. State, 313 Md. 384, 412, 545 A.2d 1281 (1988). This rule was prompted by concerns that jurors will be disposed to impose capital punishment on the mistaken belief that prisoners sentenced to life will be paroled after a relatively short time. There are limitations, however, on the types of information regarding parole that may be admitted. At the time of Evans’s resentencing, under Maryland law, “predictions of a specific parole computation date would not be admissible.” See Hunt, 321 Md. at 429, 583 A.2d 218 (citing to Doering, supra). The rationale for this rule lies in the complexity of and discretion inherent in the procedures of the Maryland Parole Commission. Testimony regarding a specific date, which would involve opining as to the actions of an expert body some years in the future, was held to be overly speculative and, therefore, inadmissable. Before resentencing, Evans’s counsel called the Marion federal penitentiary, where Evans was then serving his federal sentence, and inquired as to Evans’s parole status. Mr. Kanwisher testified at the second post-conviction hearing that “the information that [he] got through that telephone conversation led [him] to believe that [Evans] would be paroled from the federal system, which it was explained to me meant that he would come to the state system sometime in ’93.” (Exh. 103 at 14-15). Sally Chester, Evans’s other resentenc-ing counsel, testified that, to her recollection, “the information Mr. Kanwisher obtained was that he could or would be paroled in 1996 as I recall.” (Exh. 101 at 56). Because of the nearness of the date of Evans’s potential federal parole, counsel entirely avoided the issue of federal parole at resentencing. According to Ms. Chester, based on the information obtained by Mr. Kanwisher, they “avoided that issue like the plague.” (Id. at 108). Counsel instead focused their efforts on proving the likelihood that, if the jury imposed life sentences, Evans would probably die in prison or at least not be paroled until he had become an old man. In her opening statement, resentencing counsel stated that “two life sentences in this case will undoubtedly mean that this man will never walk outside the walls of a prison again.” (Exh. 91 at 31). As part of this strategy, resentencing counsel called Paul Davis, the Chairman of the Maryland Parole Commission, to testify on Evans’s behalf. Due to the complexity of Maryland parole procedures and the restriction on specific parole dates from Hunt v. State, supra, Davis did not specifically estimate how long Evans would be incarcerated. His testimony did, however, clearly inform the jury of his conclusions that: i) Evans would serve at least several decades in prison before becoming eligible for parole and ii) that a man in Evans’s circumstances would be unlikely to be paroled even after he became eligible. During closing argument, Evans’s counsel emphasized to the jury that Evans was currently serving a federal sentence and would not begin his state sentence until after being released by the federal authorities: Paul Davis told you how the parole system works, and the bottom line is this: Vernon Evans is 43 years old right now. Under the best case scenario, if he were to walk into the Maryland Penitentiary tomorrow on the sentence that he has already been sentenced on, he will do 17 years before he is “eligible” for parole. Seventeen and 43 makes 60, as I recall. He is 60. He has not even started on what you do today, and at a minimum, you can assume he will do ten or twenty years on those before he is even eligible, so at 80, then in the 21st century, if he lives that long, which is highly unlikely under the circumstances of the prison world, he is “eligible,” and even then, as you heard Mr. Davis say, lifers don’t get paroled that easily. They simply don’t. (Exh. 95 at 98). In response, the prosecutor briefly argued that Evans might be paroled before becoming an old man. He spent most of his closing argument, however, contending that: i) the “murder for hire” killings justified death and ii) that Evans, whose prison record was spotty, was neither repentant nor rehabilitated. (See id: at 38-54, 112— 15). Evans’s ineffectiveness argument makes several points: i) inadequacy of investigation, meaning that counsel merely called Evans’s counselor at the Marion Penitentiary rather than doing research on their own; ii) had counsel done an adequate investigation they would have learned that Evans was highly unlikely to be paroled in 1993 or 1996 and would in all probability serve 30 years in federal custody; iii) counsel should have called experts to establish that Evans would be highly unlikely to be released on federal parole until serving thirty years; and iv) the resen-tencing jury would have been less likely to sentence him to death had it heard this testimony, meaning the failure was prejudicial. Evans raised this ineffectiveness argument in his second post-conviction proceeding. At the hearing before Judge Smith, Evans called two attorneys who were experienced in federal parole, Messrs. Alan Chaset and A.J. Kramer. These experts testified that, although Evans would have been eligible for a parole review hearing in 1993 or 1996, the practice and procedures of the United States Parole Commission effectively meant that he would not have been paroled at any time in the near future, most likely not until serving over thirty years. Judge Smith denied the claim on its merits, finding: i) that resentencing counsel produced adequate testimony and argument to support their contention that Evans was unlikely ever to be released from prison and ii) that there was not a substantial possibility that Evans would have avoided the death penalty had the resen-tencing jury heard the expert testimony. The second post-conviction court specifically found that: the jury had before it sufficient testimony and argument that Petitioner was unlikely to ever be released from prison, and this Court is not persuaded that there was a substantial possibility of a different outcome had Petitioner’s counsel presented the evidence Petitioner contends should have been developed and presented. (Exh. 67 at 13). Having reviewed the record, the Court finds that Judge Smith’s conclusions in both respects are entirely reasonable and entitled to be upheld on habeas review. Accordingly, Evans’s ineffective assistance claim relating to the likely date of his federal parole is denied. B. Claims regarding the guilt phase The next group of Evans’s claims relates to the guilt phase of Evans’s trial. This Court will address each claim in turn, grouping, where appropriate, ineffective assistance of counsel claims with the corresponding claims of direct constitutional error. 1. Swain and peremptory challenges at guilt phase Evans claims that, at his initial trial, the prosecutor unlawfully exercised the State’s peremptory challenges to exclude blacks from the petit jury, in violation of Swain, see supra section III.A.1. To a considerable degree, the holding in Swain has been superseded by the Supreme Court’s decision in Batson, see supra section III.A.1. Batson significantly lowered the threshold showing a defendant must meet to make a prima facie case of discriminatory strikes. It left intact, however, the basic rule announced in Swain —prohibiting the use of peremptory strikes solely on the basis of race. As discussed above in connection with the Batson claim, Evans’s trial counsel objected to the petit jury on proto -Batson grounds. Finding that the prosecutor’s peremptory strikes were not racially motivated, the trial court overruled the objection and seated the jury. Correctly applying a line of state and federal cases that anticipated Batson, the Maryland Court of Appeals, on direct review, affirmed. Neither at trial nor on direct review did Evans make a Swain objection. Evans for the first time sought to raise a claim under Swain in his second post-conviction petition. At the hearing before Judge Smith, Evans presented the testimony of Dr. Richard Seltzer of Howard University. Dr. Seltzer testified to a statistical study, which he claimed demonstrated that the Baltimore County State’s Attorney’s Office, around the time of Evans’s guilt phase trial, had struck blacks at a “disproportionate” rate. (See Exh. 102 at 99-120). Dr. Seltzer further testified that prosecutor Irwin’s strikes had followed the same pattern. Judge Smith declined to consider the Swain claim. He ruled that Evans’s challenge to the prosecution’s peremptory challenges had already been “fully and finally litigated” on direct review. This Court has already rejected Evans’s Batson claim. His Stuain claim must necessarily fail as well and for the same reason. The trial court made a factual finding that the prosecutor had not discriminated; the Court of Appeals affirmed, and the decisions of these courts are neither legally nor factually unreasonable. 2. Under-representation in petit jury venire Evans next claims that the Worcester County venire roll at the time of his guilt phase trial did not reflect a “fair cross section” of the population. While blacks constituted 22% of the county’s population, 19.85% of the veniremen at his trial were black. Evans’s claim involves several steps. First, he notes that the county used voter registration lists as the sole source for potential jurors. Second, he apparently alleges that blacks were under-represented on the county’s voter registration list, meaning that blacks were correspondingly under-represented in petit jury venire panels. Third, he claims that the county’s failure to correct this statistical disparity, through the use of motor vehicle records or other means, establishes a “prima facie case of intentional discrimination resulting in a denial of equal protection in violation of the Eighth and Fourteenth Amendments.” (Pet. at 30). Evans’s claim must fail. Evans challenged the racial composition, under the Sixth Amendment, of the venire panel in his first post-conviction appeal. Judge Es-chenburg denied his claim on the merits; he stated that “the closeness of these two percentages by themselves, would indicate that the ‘equal protection’ argument is without merit.” (Exh. 48 at 8). Also fatal to Evans’s argument is specific Fourth Circuit precedent upholding the use of voter registration lists in Maryland courts and denying an identical claim made on Sixth Amendment grounds. See United States v. Cecil, 836 F.2d 1431, 1444-55 (4th Cir.1988) (en banc), cert. denied, 487 U.S. 1205, 108 S.Ct. 2846, 101 L.Ed.2d 883 (1988). In Cecil, the Fourth Circuit noted that “there is no violation of the jury cross-section requirement where there is merely underrepresentation of a cognizable class by reason of failure to register, when that right is fully open.” Id. at 1448. Evans has made no claim that blacks were preventing from registering to vote in Worcester County at the time of his trial. Accordingly, Cecil controls, and Evans’s “fair cross section” claim fails. 3. Under-representation in grand jury Evans next argues that the Baltimore County grand jury pool, from which his indicting grand jury was selected, systematically under-represented minorities and young adults. This under representation, he contends, violated the Sixth, Eighth, and Fourteenth Amendments. Evans’s claim is also governed by Cecil, 836 F.2d at 1444-45. Like Worcester County, Baltimore County selected the grand jury pool from voter registration lists rather than, for example, a combination of voter registration and driver’s license lists. As was discussed in the preceding section, this method is constitutionally sound absent proof that the jurisdiction took affirmative measures to prevent the allegedly under-represented group from registering. Because Evans has presented no such evidence, his claim must fail. Evans also alleges that “at the time of Evans’ trial there did not appear to be any procedure or regularly applied and objective guidelines for selecting the grand jury foreperson.” (Pet. at 31). This lack of procedure, the petition alleges, resulted in a lack of black and young adult grand jury forepersons. Evans raised a substantially similar claim in his first post-conviction petition; that court denied the claim on the merits. Judge Eschenburg found that “virtually no evidence was offered to substantiate [this claim].” (Exh. 48 at 10). In his habeas corpus petition, Evans raises this argument in three bare paragraphs. (See Pet. at 31-32). He offers no new analysis or evidence. Accordingly, Judge Eschenburg’s factual finding that Evans’s proof on this issue was lacking must be affirmed by this Court. See § 2254(e). 4. No individual voir dire Although Evans’s petition is unclear on this point, he apparently argues that, at his initial trial, each venireman should have been questioned separately, giving his/her answers out of the presence of the other potential jurors. Judge Cat-hell denied his request that all veniremen be questioned separately. Evans raised this claim on direct review. In considering the claim, the Court of Appeals described the combination of group (in open court) and individual (at the bench) voir dire employed by Judge Cat-' hell: Judge Cathell combined techniques of collective and individual voir dire in this case. When general questions could be asked of the venire without danger of prejudice, that procedure was followed. When it appeared that a particular question might produce an answer that should not be heard by other jurors, the answer was received at the bench. Evans II, 304 Md. at 515, 499 A.2d 1261. On direct review, Evans did not raise specific defects in Judge Cathell’s voir dire; he did not point to questions that Judge Cathell refused to ask; he did not identify veniremen whose questioning was inadequate. Instead, Evans argued generally that individual voir dire would have been more thorough and assisted him in making better use of Ms peremptory challenges. The Court of Appeals rejected Evans’s claim, explaining that the manner of conducting voir dire lies within the sound discretion of the trial judge. Because Evans offered no evidence that Judge Cathell abused his discretion, the appeals court affirmed. See Evans II, 304 Md. at 514-515, 499 A.2d 1261. Evans also raised his voir dire claim in his first post-conviction petition. Judge Eschenburg found the claim unpersuasive, concluding that “the matter of individual voir dire is discretionary with the Court.” (Exh. 48 at 12). The decisions of the state courts are reasonable. Evans cites no authority for the proposition that individual voir dire is constitutionally mandated in death penalty cases. Judge Cathell’s voir dire followed the practice regularly used in criminal cases in this federal District. Veniremen answer general questions in open court. Sensitive or follow-up questions, however, are usually asked and answered at the bench. This process works well and promotes efficiency without sacrificing fairness.. Accordingly, the state court adjudications must be upheld. 5. Adverse publicity Because of extensive pretrial publicity, Evans’s trial was once removed from Baltimore County to Worcester County. Evans nonetheless claims that extensive publicity in Worcester County poisoned his trial. Evans now contends that the trial court’s denials of a second removal motion, a motion for continuance, and a request for individual voir dire of prospective jurors and jury sequestration violated his Fifth, Sixth, and Fourteenth Amendment rights. Judge Cathell conducted individual voir dire of prospective jurors who had been exposed to pretrial publicity. For example, after determining that a venireman had read newspaper accounts of the shootings, Judge Cathell questioned the venireman at the bench, ultimately striking him for cause: THE COURT: Would you be able to disregard what you have read in the newspaper and base your decision in this case upon the evidence and testimony that you hear in this courtroom and base it on nothing else but what you hear during this trial? JUROR: I guess I would. THE COURT: Do you have any opinions as to whether or not in this ease Vernon Evans is guilty or not guilty of the matters he is charged with? JUROR: You mean what do I think? THE COURT: Do you have any preconceived opinions as to whether or not he is guilty or innocent? JUROR: Yes. THE COURT: What is that opinion? JUROR: Guilty. THE COURT: Why do you have an opinion he is guilty? JUROR: I don’t know. Just what I have read and heard. (Exh. 75 at 259). Based on this exchange and others like it, Judge Cathell was able to assess the extent of the pretrial publicity and its impact on the venire panel. Judge Cathell minimized this impact by striking twenty potential jurors for cause due to media exposure and by entering an order curtailing the public statements of everyone involved with the trial. Evans argues that despite such voir dire and other measures, the trial court failed to take reasonable precautions to safeguard him from prejudicial pretrial publicity. The Court of Appeals considered this claim on direct appeal and denied it, holding that Judge Cathell did not abuse his discretion by denying Evans’s requests for a second removal, a continuance, individual voir dire, and jury sequestration. See Evans II, 304 Md. at 509-16, 499 A.2d 1261. In reviewing the record, the Court of Appeals found: the trial judge possessed a complete understanding of the surrounding circumstances and of the applicable law. His conclusion that “the publicity that [had] been brought to the Court’s attention would [not] deny us the opportunity to pick a fair and impartial [jury]” was amply supported by the record, and was confirmed by the subsequent voir dire of prospective jurors. Id. at 512, 499 A.2d 1261. Likewise, upon review of the record, the first post-conviction court found no abuse of discretion and ruled that Evans’s claim was meritless. (See Exh. 48 at 11-12.) The state courts’ determinations were factually sound and reasonable. The Supreme Court has held that “[e]xtensive knowledge in the community of either the crimes or the putative criminal is not sufficient by itself to render a trial constitutionally unfair.” Dobbert v. Florida, 432 U.S. 282, 303, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977). The manner of mitigating prejudicial pretrial publicity lies within the sound discretion of the trial judge because that judge is in the best position to evaluate the impact of such publicity. See e.g. Ehrlichman v. Sirica, 419 U.S. 1310, 95 S.Ct. 6, 42 L.Ed.2d 25 (1974); US v. Bakker, 925 F.2d 728 (4th Cir.1991). Evans has submitted no evidence that warrants disturbing the state courts’ findings that Judge Cathell adequately addressed the publicity surrounding Evans’s trial. The state courts’ rejections of Evans’s claims are legally and factually reasonable and cannot be disturbed. 6. Witness’s pretrial identification of Evans tainted his in-court identification During Evans’s trial, Calvin Harper identified Evans, who was seated at counsel table, as the man who received the murder weapon from Harper’s friend, Rodney Kelly. Before trial, during grand jury proceedings, Harper was shown a single photograph of Evans. Evans contends that this pretrial identification tainted the trial identification. The Supreme Court has developed a two-part test for determining whether due process requires the suppression of an in-court identification. First, the pretrial identification procedure must have been impermissibly suggestive. Second, under the totality of the circumstances, the pretrial identification must have been unreliable.' See Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977). In considering Evans’s claim on direct appeal, the Maryland Court of Appeals explicitly applied the Manson test. Although the court concluded that the showing of a single photograph of Evans was impermissibly suggestive, it determined that the pretrial identification was nevertheless sufficiently trustworthy to make its reliability a question of fact for the jury: In the case at bar, Harper was in the immediate presence of the person known to him as “Shorty” for four daylight hours, and viewed him face to face on more than one occasion. His opportunity to view this person was therefore excellent and protracted. It is a fair inference that the degree of attention paid by Hai'per to “Shorty” was more than casual. They were specifically introduced to one another; they were together for a substantial period of time in a group of only three persons; and the fact that “Shorty” inspected and expressed approval of a machine gun that had been shown to him by Harper’s friend could reasonably be expected to focus Harper’s attention on this new acquaintance. Harper’s description of “Shorty” given to the investigators prior to the photographic identification was unremarkable but accurate. His description was of a short, black male, between 5'4" and 5'5" in height. The record does not reflect any hesitation on the part of Harper in identifying the defendant’s photograph. Evans II, 304 Md. at 499, 499 A.2d 1261. The Court of Appeals’s analysis is entirely reasonable. Accordingly, this Court will defer to the state court’s findings of law and fact. 7. Witness not subjected to psychiatric examination Evans next asserts that the trial court violated his Sixth and Fourteenth Amendment rights by refusing to order a psychiatric evaluation of chief prosecution witness, Charlene Sparrow. Evans’s former girlfriend, Sparrow provided the most damaging evidence against him at trial. Evans claims that Sparrow’s statements during her many interviews with the police and FBI were so inconsistent as to denote lying. Evans contends that such lies, compounded by the fact that Sparrow was a prostitute and a drug addict in withdrawal at the time of these interviews; gave cause for substantial doubt as to her capacity for telling the truth. In a pretrial motion, Evans requested an examination of Sparrow by a forensic psychiatrist, Dr. Neil Blumberg, who would give expert testimony as to whether Sparrow was capable of distinguishing truth from falsehood. Although Judge Cathell denied the motion, he did not allow Sparrow to testily at trial until he had first questioned her out of the jury’s presence and satisfied himself as to: i) her competence as a witness and ii) her capacity to distinguish truth from falsehood. Evans contends that the trial court’s denial of the pretrial motion deprived him of a fair trial and an opportunity to cross-examine Sparrow effectively. The Court of Appeals denied this claim on direct appeal, finding that Judge Cat-hell had “understood the applicable law and carefully balanced the need for a psychiatric examination against the relevant factors present in this case.” Evans II, 804 Md. at 509, 499 A.2d 1261. The Court of Appeals agreed with Judge Cathell that cross-examination was a proper safeguard of Sparrow’s credibility. There was, in the appellate court’s view, insufficient evidence of Sparrow’s alleged mental incompetence for the trial court to have required a psychiatric examination. See id. at 504-09, 499 A.2d 1261. Both post-conviction courts also denied the claim on its merits. (See Exhs. 48 at 16; 67 at 25). The state court adjudications are reasonable and must be upheld. The authority on which Evans relies in his habeas petition does not support his claim that the denial of a psychiatric examination violated his constitutional rights. Rather, the cases provide for impeachment regarding a witness’s mental illness when there is previous documentation of the illness. See United States v. Lindstrom, 698 F.2d 1154, 1159-68 (11th Cir.1983) (finding that district court erred in refusing to allow cross-examination on witness’s involuntary institutionalization and extensive prior treatment for mental illness); United States v. Society of Indep. Gasoline Marketers, 624 F.2d 461, 467-69 (4th Cir.1979) (finding that district court should have admitted prior medical records indicating mental illness); United States v. Partin, 493 F.2d 750, 763-64 (5th Cir.1974) (same). These cases do not stand for the proposition that a defendant is automatically entitled to subject a witness to a psychiatric evaluation to see whether a mental illness exists. The trial court’s refusal to compel a mental examination of Sparrow did not unconstitutionally hinder Evans’s ability to cross-examine her. The Court finds the state courts’ conclusions in this regard to be eminently reasonable. C. Claims regarding Evans’s resen-tencing The next set of i