Full opinion text
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This case is before the Court on the Petition for Habeas Corpus Relief (Doc. No. 1) filed by Richard E. Lynch. Pursuant to the instructions of the Court, Respondents filed a Response to Petition for Writ of Habeas Corpus (Doc. No. 18). Thereafter, Petitioner filed a Reply to the Response (Doc. No. 23). As discussed hereinafter, the habeas petition is denied in part and granted in part. I. STATEMENT OF FACTS The factual and procedural history, as set forth by the Supreme Court of Florida, are as follows: On March 23, 1999, a grand jury returned an indictment against appellant, Richard Lynch, for two counts of first-degree premeditated murder, one count of armed burglary of a dwelling, and one count of kidnapping. The indictment was the result of events that occurred on March 5, 1999, culminating ifi the deaths of Roseanna Morgan (“Morgan”) and her thirteen-year-old daughter, Leah Caday (“Caday”). On October 19, 2000, appellant pled guilty to all four counts of the indictment. Subsequently, the trial judge granted appellant’s request to have the penalty phase conducted without a jury. During the penalty phase, the State produced a letter written by the appellant two days prior to the murders. In the letter, addressed to appellant’s wife, Lynch admitted to having a “long affair” with Roseanna Morgan, which lasted from August 1998 until February 9, 1999. He detailed the affair and asked his wife to send copies of cards Morgan had written to Lynch and nude pictures Lynch had taken of Morgan to Morgan’s family in Hawaii. Lynch wrote: “I want them to have a sense of why it happened, some decent closure, a reason and understanding .... ” The testimony elicited during the penalty phase regarding the events of March 5, 1999, included a tape of a telephone call that appellant made to the “911” emergency assistance service while still in the apartment where the murders occurred. On that tape, Lynch is heard admitting to the 911 operator that he shot two people at 534 Rosecliff Circle. He said he initially traveled to the apartment only to attempt to have Morgan pay a credit card debt, but resorted to shooting her in the leg and in the back of the head. He told the 911 operator that he had three handguns with him and that he shot Morgan in the back of the head to “put her out of her misery.” Appellant also admitted to firing at the police when they first arrived on the scene. As to Caday, appellant informed the 911 operator that he had held Caday at gunpoint while waiting for Morgan to return home. He related that she was terrified during the process prior to the shootings and asked him why he was doing this to her. Appellant admitted that he shot Caday, and said “the gun just went off into her back and she’s slumped over. And she was still breathing for awhile and that’s it.” Appellant told the operator he planned to kill himself. During the course of these events on March 5, 1999, appellant telephoned his wife three times from the apartment. His wife testified that during the first call she could hear a woman screaming in the background. Appellant’s wife further testified that the screaming woman sounded “very, very upset.” When Lynch called a second time, he admitted to having just shot someone. Prior to being escorted from the apartment by police, Lynch also talked to a police negotiator. The negotiator testified that Lynch told her that during the thirty to forty minutes he held Ca-day hostage prior to the shootings, Ca-day was terrified, he displayed the handgun to her, she was aware of the weapon, and appeared to be frightened. He confided in the negotiator that Ca-day had complied with his requests only out of fear. Finally, appellant described the events leading to Morgan’s death by admitting that he had confronted her at the door to the apartment, shot her in the leg, pulled her into the apartment, and then shot her again in the back of the head. Several of Morgan’s neighbors in the apartment complex also testified as to the events of March 5, 1999. Morgan’s neighbor across the hall testified that she looked out of the peephole in her door after hearing the initial shots and saw Lynch dragging Morgan by the hands into Morgan’s apartment. She further testified that Lynch knocked on the door to Morgan’s apartment and said, “Hurry up, open the door, your mom is hurt.” The neighbor testified that Morgan was screaming and was bloody from her waist down. Morgan’s neighbor further testified that the door was opened, then after entering with Morgan, Lynch closed the door and approximately five minutes later she heard the sound of three more gunshots. A second neighbor in the apartment complex also testified that approximately five to seven minutes after she heard the initial gunshots, she heard three more. After his arrest, appellant participated in an interview with police in which he confessed to the murders. He again admitted the events of the day, telling police he showed Caday the gun and that she was very scared while they were waiting for Morgan to arrive home. He told the detective that Caday was afraid and that he was “technically” holding her hostage. He admitted to shooting Caday’s mother, Morgan, four or five times in the presence of her daughter. In his post-arrest interview, Lynch also admitted that he planned to show Morgan the guns he brought with him to let her know he possessed them, and to force her to sit down and be quiet. He told the detectives he did not know why he did not just leave the guns in his car He admitted shooting Morgan four or five times, dragging her into the apartment, and then shooting her in the back of the head with a different firearm. The State’s final witness was the medical examiner who testified that after receiving the gunshot wound, it probably would have taken “no more than several minutes” for Caday to die. On cross-examination, although he conceded that it was possible that Caday could have died in less than one minute from the wound, such was unlikely. Finally, he also testified that with the amount of blood loss suffered by Caday, she could have lost consciousness within ten to twenty seconds. The defense presented only one witness, a mental health expert. She related that she had diagnosed Lynch with schizoaffective disorder, a condition which is a combination of schizophrenia and a mood disorder. Further, she testified that she did not believe the letter appellant wrote two days prior to the murders demonstrated an intent by Lynch to Mil Morgan. She concluded that appellant was under the influence of an extreme mental and emotional disturbance on March 5, 1999, and that his psychotic process substantially impaired his capacity to conform his conduct with the requirements of the law. The State attempted to rebut the defense mental health evidence through the testimony of another mental health expert. The State’s expert opined that Lynch suffered from a depressive disorder. The State’s expert admitted that it was his opinion that on the day of the incident, appellant was suffering emotional distress, but it was not extreme, and Lynch did not lack the ability to conform his conduct to the requirements of the law. Finally, the State’s doctor opined that the letter appellant wrote prior to the murders evidenced a murder-suicide plot. After accepting written closing arguments and sentencing recommendations and conducting a Spencer hearing, the judge sentenced appellant to death for the murders of Roseanna Morgan and Leah Caday. He found three aggravating factors as to the murder of Morgan: (1) the murder was cold, calculated, and premeditated (“CCP”) (given “great weight”); (2) appellant had previously been convicted of a violent felony (given “moderate weight”); and (3) the murder was committed while appellant was engaged in committing one or more other felonies (given “little weight”). As to the murder of Caday, the judge found (1) that the murder was heinous, atrocious, or cruel (“HAC”) (given “great weight”); (2) that appellant was previously convicted of a violent felony (given “great weight”); and (3) that the murder was committed while appellant was engaged in committing one or more other felonies (given “moderate weight”). He also found one statutory and eight non-statutory mitigators as to each murder. Lynch v. State, 841 So.2d 362, 365-68 (Fla.2003) (footnote omitted). II. POST-CONVICTION PROCEDURAL HISTORY On direct appeal, Petitioner raised five claims. (Ex. B.) The Supreme Court of Florida affirmed Petitioner’s convictions and sentences. Lynch, 841 So.2d 362. Petitioner filed a petition for writ of certiorari with the Supreme Court of the United States, which was denied. (Ex. E-3.) Petitioner filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.851. (Ex. F-l at 40-179.) The state court conducted an evidentiary hearing and denied relief. (Ex. F-13-F-19.) Petitioner subsequently moved to disqualify the judge, and the motion was denied. (Ex. F-ll at 1965-72, 1997-98.) Petitioner filed an Emergency Writ of Prohibition in the Supreme Court of Florida. (Ex. G.) The court denied the writ without prejudice to Petitioner’s right to raise the issue on appeal from the denial of his Rule 3.851 motion. (Ex. G-2.) The state trial court subsequently entered a Second Amended Order Denying Motion for Post-Conviction and Order on Defendant’s Motion for Rehearing. (Ex. F-12 at 2017-92.) Petitioner appealed, and the Supreme Court of Florida affirmed. Lynch v. State, 2 So.3d 47 (Fla.2008); Ex. N. Petitioner further filed a state petition for writ of habeas corpus in the Supreme Court of Florida, challenging the legality of his convictions. Id. The Supreme Court of Florida denied the petition. Id. III. GOVERNING LEGAL PRINCIPLES Because Petitioner filed his petition after April 24, 1996, this case is governed by 28 U.S.C. § 2254, as amended by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). AbduF-Kabir v. Quarterman, 550 U.S. 233, 246, 127 S.Ct. 1654, 167 L.Ed.2d 585 (2007); Penny v. Johnson, 532 U.S. 782, 792, 121 S.Ct. 1910, 150 L.Ed.2d 9 (2001). The AEDPA “establishes a more deferential standard of review of state habeas judgments,” Fugate v. Head, 261 F.3d 1206, 1215 (11th Cir. 2001), in order to “prevent federal habeas ‘retrials’ and to ensure that state-court convictions are given effect to the extent possible under law.” Bell v. Cone, 535 U.S. 685, 693, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002); see also Woodford v. Visciotti, 537 U.S. 19, 24, 123 S.Ct. 357, 154 L.Ed.2d 279 (2002) (recognizing that the federal habeas court’s evaluation of state-court rulings is highly deferential and that state-court decisions must be given the benefit of the doubt). A. Standard of Review Under the AEDPA Pursuant to the AEDPA, habeas relief may not be granted with respect to a claim adjudicated on the merits in state court unless the adjudication of the claim: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254(d); see Knowles v. Mirzayance, 556 U.S. 111, 129 S.Ct. 1411, 1412, 173 L.Ed.2d 251 (2009); Brown, v. Payton, 544 U.S. 133, 141, 125 S.Ct. 1432, 161 L.Ed.2d 334 (2005). The phrase “clearly established Federal law,” encompasses only the holdings of the Supreme Court of the United States “as of the time of the relevant state-court decision.” Williams v. Taylor, 529 U.S. 362, 412, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000); see also Schwab v. Crosby, 451 F.3d 1308, 1324 (11th Cir.2006) (stating that the federal law relevant to this analysis is the Supreme Court of the United States precedent “in existence at the time the conviction became final”). “[Sjection 2254(d)(1) provides two separate bases for reviewing state court decisions; the ‘contrary to’ and ‘unreasonable application’ clauses articulate independent considerations a federal court must consider.” Maharaj v. Sec’y for Dep’t of Corr., 432 F.3d 1292, 1308 (11th Cir.2005). The meaning of the clauses was discussed by the Eleventh Circuit Court of Appeals in Parker v. Head, 244 F.3d 831, 835 (11th Cir.2001): Under the “contrary to” clause, a federal court may grant the writ if the state court arrives at a conclusion opposite to that reached by [the United States Supreme Court] on a question of law or if the state court decides a case differently than [the United States Supreme Court] has on a set of materially indistinguishable facts. Under the ‘unreasonable application’ clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from [the United States Supreme Court’s] decisions but unreasonably applies that principle to the facts of the prisoner’s case. If the federal court concludes that the state court applied federal law incorrectly, habeas relief is appropriate only if that application was “objectively unreasonable.” Id. Finally, under § 2254(d)(2), a federal court may grant a writ of habeas corpus if the state court’s decision “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” A determination of a factual issue made by a state court, however, shall be presumed correct, and the habeas petitioner shall have the burden of rebutting the presumption of correctness by clear and convincing evidence. See Parker, 244 F.3d at 835-36; 28 U.S.C. § 2254(e)(1). B. Standard for Ineffective Assistance of Counsel The Supreme Court of the United States in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), established a two-part test for determining whether a convicted person is entitled to relief on the ground that his counsel rendered ineffective assistance: (1) whether counsel’s performance was deficient and “fell below an objective standard of reasonableness”; and (2) whether the deficient performance prejudiced the defense. Id. at 687-88, 104 S.Ct. 2052. The prejudice requirement of the Strickland inquiry is modified when the claim is a challenge to a guilty plea based on ineffective assistance. See Hill v. Lockhart, 474 U.S. 52, 58-59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). To satisfy the prejudice requirement in such claims, “the defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Id. at 59, 106 S.Ct. 366. A court must adhere to a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Strickland, 466 U.S. at 689-90, 104 S.Ct. 2052. “Thus, a court deciding an actual ineffectiveness claim must judge the reasonableness of counsel’s challenged conduct on the facts of the particular case, viewed as of the time of counsel’s conduct.” Id. at 690, 104 S.Ct. 2052; Gates v. Zant, 863 F.2d 1492, 1497 (11th Cir.1989). As observed by the Eleventh Circuit Court of Appeals, the test for ineffective assistance of counsel: has nothing to do with what the best lawyers would have done. Nor is the test even what most good lawyers would have done. We ask only whether some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial. Courts also should at the start presume effectiveness and should always avoid second guessing with the benefit of hindsight. Strickland encourages reviewing courts to allow lawyers broad discretion to represent their clients by pursuing their own strategy. We are not interested in grading lawyers’ performances; we are interested in whether the adversarial process at trial, in fact, worked adequately. White v. Singletary, 972 F.2d 1218, 1220-21 (11th Cir.1992) (citation omitted). Under those rules and presumptions, “the cases in which habeas petitioners can properly prevail on the ground of ineffective assistance of counsel are few and far between.” Rogers v. Zant, 13 F.3d 384, 386 (11th Cir.1994). Additionally, it is well established that a defendant has the right to effective counsel on appeal. Alvord v. Wainwright, 725 F.2d 1282, 1291 (11th Cir.1984). The Eleventh Circuit Court of Appeals has applied the Supreme Court’s test for ineffective assistance at trial to guide its analysis of ineffective assistance of appellate counsel claims. Heath v. Jones, 941 F.2d 1126, 1130 (11th Cir.1991); Matire v. Wainwright, 811 F.2d 1430, 1435 (11th Cir.1987). Thus, in order to establish ineffective assistance of appellate counsel, Petitioner must show (1) that counsel’s performance was deficient and “fell below an objective standard of reasonableness” and (2) that the deficient performance prejudiced the defense. Strickland, 466 U.S. at 687-88, 104 S.Ct. 2052. C. Exhaustion and Procedural Default One procedural requirement set forth in the AEDPA precludes federal courts, absent exceptional circumstances, from granting habeas relief unless the petitioner has exhausted all means of available relief under state law. 28 U.S.C. § 2254(b); O’Sullivan v. Boerckel, 526 U.S. 838, 842-44, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999); Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971). Specifically, the AEDPA provides, in pertinent part: An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that- (A) the applicant has exhausted the remedies available in the courts of the State; or (B) (i) there is an absence of available State corrective process; or (ii) circumstances exist that render such process ineffective to protect the rights of the applicant. 28 U.S.C. § 2254(b)(1). Thus, a federal court must dismiss those claims or portions of claims that have been denied on adequate and independent procedural grounds under state law. Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), holding modified by Martinez v. Ryan,—U.S.-, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). In addition, a federal habeas court is precluded from considering claims that are not exhausted but would clearly be barred if returned to state court. Id. at 735 n. 1, 111 S.Ct. 2546 (stating that if the petitioner failed to exhaust state remedies and the court to which the petitioner would be required to present his claims in order to meet the exhaustion requirement would now find the claims proeedurally barred, there is a procedural default for federal habeas purposes regardless of the decision of the last state court to which the petitioner actually presented his claims). In order to satisfy the exhaustion requirement, a state petitioner must “fairly presen[t] federal claims to the state courts in order to give the State the opportunity to pass upon and .correct alleged violations of its prisoners’ federal rights.” Duncan v. Henry, 513 U.S. 364, 365, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995) (citing Picard, 404 U.S. at 275-76, 92 S.Ct. 509) (internal quotation marks omitted). The petitioner must apprise the state court of the federal constitutional issue, not just the underlying facts of the claim or a similar state law claim. Snowden v. Singletary, 135 F.3d 732 (11th Cir.1998). The Supreme Court of the United States has observed that “Congress surely meant that exhaustion be serious and meaningful.” Keeney v. Tamayo-Reyes, 504 U.S. 1, 10, 112 S.Ct. 1715, 118 L.Ed.2d 318 (1992). Furthermore, the Court explained: [cjomity concerns dictate that the requirement of exhaustion is not satisfied by the mere statement of a federal claim in state court. Just as the State must afford the petitioner a full and fair hearing on his federal claim, so must the petitioner afford the State a full and fair opportunity to address and resolve the claims on the merits. Id.; see also Henderson v. Campbell, 353 F.3d 880, 898 n. 25 (11th Cir.2003) (“Both the legal theory and the facts on which the federal claim rests must be substantially the same for it to be the substantial equivalent of the properly exhausted claim.”). Procedural default will be excused only in two narrow circumstances. First, a petitioner may obtain federal review of a procedurally defaulted claim if he can show both “cause” for the default and actual “prejudice” resulting from the default. “To establish ‘cause’ for procedural default, a petitioner must demonstrate that some objective factor external to the defense impeded the effort to raise the claim properly in the state court.” Wright v. Hopper, 169 F.3d 695, 703 (11th Cir.1999). To establish “prejudice,” a petitioner must show that there is at least a reasonable probability that the result of the proceeding would have been different. Henderson, 353 F.3d at 892 (citations omitted). The second exception, known as the “fundamental miscarriage of justice,” only occurs in an extraordinary case, in which a “constitutional violation has probably resulted in the conviction of one who is actually innocent.” Murray v. Carrier, 477 U.S. 478, 496, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986). Actual innocence means factual innocence, not legal insufficiency. Bousley v. United States, 523 U.S. 614, 623, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998). To meet this standard, a petitioner must “show that it is more likely than not that no reasonable juror would have convicted him” of the underlying offense. Schlup v. Delo, 513 U.S. 298, 327, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). In addition, “ ‘[t]o be credible,’ a claim of actual innocence must be based on [new] rehable evidence not presented at trial.” Calderon v. Thompson, 523 U.S. 538, 559, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998) (quoting Schlup, 513 U.S. at 324, 115 S.Ct. 851). IV. MERITS OF THE PETITION A. Claim One Petitioner alleges that his trial attorneys, James Figgatt (“Figgatt”) and Timothy Caudill (“Caudill”), rendered ineffective assistance prior to and during the penalty phase by failing to conduct a reasonable mitigation investigation and by failing to object to the inclusion of inadmissible evidence. (Doc. No. 1 at 4.) Petitioner argues that counsels’ failures not only undermined confidence in the outcome of the penalty phase but also rendered his waiver of a penalty phase jury unknowing and involuntary. (Doc. No. 1 at 4-5; Doc. No. 13 at 5.) Petitioner contends that he suffered prejudice from counsels’ deficient performance because, had he been fully apprised of the available mitigation evidence, he would not have waived a jury at his penalty phase. (Doc. No. 13 at 33.) In support of this claim, Petitioner argues that counsel: (1) failed to conduct a reasonable mitigation investigation of his background and mental health (sub-claim D); (2) failed to move to suppress the “murder-suicide” letter based on the doctrine of spousal privilege (subclaim B); (3) failed to move to suppress the “murder-suicide” letter pursuant to the Fourth Amendment (subclaim C); and (4) failed to consult a firearms expert in order to present an “accidental shooting” defense to lesson the impact of aggravating factors (subclaim E). As a result of each of these claims, Petitioner maintains that counsels’ failures resulted in his unknowing and involuntary waiver of a penalty-phase jury (subelaim A). (Doc. No. 1 at 4-5.) As discussed hereinafter, the Court grants habeas relief as to Petitioner’s claim that counsel were ineffective for advising him to waive a penalty-phase jury prior to adequately investigating and advising him of his cognitive impairment. The remainder of the subclaims are denied pursuant to Section 2254(d). 1. Mitigation Investigation (Subclaims A and D) a. Failure to Investigate Petitioner’s Background Petitioner alleges that counsel were ineffective for failing to investigate and present background mitigation evidence. (Doc. No. 1 at 5.) Specifically, Petitioner asserts that counsel should have offered additional background mitigation at the penalty phase, such as testimony from Petitioner’s friends and family, childhood photographs, a baptism certificate and photograph, commendations received while Petitioner worked as a sworn peace officer, and testimony regarding the circumstances of Petitioner’s mother’s death. (Doc. No. 1 at 6; Doc. No. 13 at 65.) Petitioner further maintains that counsel were ineffective for failing to offer additional evidence to support the mental health mitigation, including the testimony of Petitioner’s barber who described Petitioner as looking sick and disheveled shortly before the murders; evidence that Petitioner was delusional because years prior, he had bragged of an affair with an attractive co-worker; and evidence that Morgan ended their relationship on the three-year anniversary of the death of Petitioner’s mother. (Doc. No. 1 at 6-11.) In considering the adequacy of the background information introduced at the penalty phase, the Supreme Court of Florida noted that Dr. Jacquelyn dander, Petitioner’s mental health expert, had provided penalty phase testimony that demonstrated a thorough understanding of Petitioner’s background history and idiosyncracies. Lynch, 2 So.3d at 47. In particular: During the penalty-phase proceedings, Dr. Jacquelyn dander — a forensic neuropsychologist and Lynch’s mental-health expert — provided comparable testimony that (1) Lynch’s father was a security guard who was laid off due to a disability and became a stay-at-home father, (2) Lynch’s father was a very strict disciplinarian and required Lynch to report to him every thirty minutes, (3) if Lynch was outside playing, his father required him to cheek in at excessively frequent intervals, (4) if Lynch’s father was not home, he required Lynch to sign a sheet evidencing his check-ins, (5) neighborhood children teased Lynch concerning his check-ins with his father, (6) Lynch’s father inflicted significant abuse, (7) Lynch’s aunt, cousins, and next-door neighbor reported a lack of positive interaction between Lynch and his father, (8) the family described Lynch as a caring individual but “weird,” “strange,” and “rigid”, (9) Lynch’s cousin, Danelle Pepe, described one instance in which Lynch was reading a magazine upside-down, (10) Lynch washed his hands and automobile excessively, (11) Lynch had a very close relationship with his mother, (12) when Lynch’s mother attempted to “run interference between” Lynch and his father, the father would physically abuse the mother in Lynch’s presence, and (13) Lynch lived with his mother into his thirties, and even for a short time after his marriage to Virginia Lynch. Id. The Supreme Court of Florida determined that Petitioner could not demonstrate deficient performance because counsels’ decision to present Petitioner’s background through a mental health expert was a strategic decision designed to synthesize the information and avoid creating a disconnect between Petitioner’s background or history and the events at issue. Id. at 72. The court further determined that even had counsel performed deficiently by not personally contacting some of Petitioner’s witnesses, he could not demonstrate prejudice because Dr. dander spoke with Petitioner’s family before testifying at the penalty phase and the witnesses presented by Petitioner at the evidentiary hearing merely corroborated her testimony. Id. The Supreme Court of Florida determined that the remainder of the lay-witness evidence was irrelevant, cumulative, disputed, or contradicted. The court concluded that Danelle Pepe’s (“Pepe”) testimony concerning Petitioner’s and his mother’s habit of nail chewing and concerning Petitioner’s actions at his mother’s deathbed was irrelevant and remote in time to the events of March 5, 1999; the testimony of Petitioner’s barber that Petitioner seemed sick when he visited his barbershop during early March 1999 was cumulative to Dr. dander’s testimony during the penalty phase that Petitioner was decompensating at the time of the offenses; Edward Corso’s (“Corso”) testimony that Petitioner’s father was a racial bigot and that Petitioner grew up in a safe neighborhood was irrelevant and cumulative; and Vesna Lovsin’s (“Lovsin”) testimony that she had never had sex with Petitioner, offered to support Petitioner’s claim that he suffers from delusions, was disputed, irrelevant and cumulative. Lynch, 2 So.3d at 47. The Supreme Court of Florida further determined that the documentary evidence submitted during the post-conviction proceedings either corroborated information reported by Petitioner during the penalty phase or was irrelevant. Accordingly, Petitioner’s credit card receipts and statements were unnecessary because the trial court was aware of how Petitioner’s credit card debt related to the crimes; Petitioner’s citizen’s arrest commendations, received in the early 1980’s, were remote in time to the offenses involved in the case; Petitioner’s employment records were cu-initiative because the court was already aware of Petitioner’s employment history; and the court knew that Petitioner was Catholic, so his confirmation photograph was partially cumulative. Lynch, 2 So.3d at 73. In reviewing this claim, this Court has considered the testimony of Petitioner’s family and friends presented at the post-conviction hearing and the documentary evidence that Petitioner alleges should have been introduced. Petitioner’s cousin-in-law, Corso, testified that Petitioner was an awkward but polite and well-dressed child who was obsessed with guns and aspired to become a policeman. He said that Petitioner’s father had been overly protective and a racial bigot but that his mother was very nice. (Ex. F-15 at 443-76.) Petitioner’s cousin, Pepe testified that she had been contacted by Petitioner’s defense attorney and by his psychologist prior to the penalty phase but had spoken to both of them briefly. She indicated that Petitioner was a quirky kid who chewed his nails but that he could be relied upon to take his cousins out for snacks. She identified family photographs and testified that Petitioner had once brought a beautiful Russian woman to a family dinner. She said that Petitioner had acted strangely immediately after his mother died by putting into his pocket a tissue that he had used to blot blood off his mother’s hand. Id. at 477-508. Petitioner’s former coworker, Lovsin testified that she did not remember Petitioner and denied having a sexual affair with him but said that it was possible that she attended a holiday dinner with him. Id. at 510-18, 531. George Kabbez testified that Petitioner often parked his vehicle at the gas station owned by Kabbez’s father. He described Petitioner as a peculiar person who was obsessed with guns. Although he had no specific recollection of whether Petitioner spoke of his involvement with Lovsin, he said that Petitioner would talk about having sex with women. Kabbez believed that Petitioner was in the army or marines. Id. at 518-31. Joseph Joyce, Petitioner’s landlord in New York, testified that Petitioner was peculiar and that he never saw him with anyone other than his mother. Id. at 532-37. Clinton Cody, Petitioner’s friend and barber, testified that Petitioner had confided in him about marital problems and that several days before the murder, he looked as if he had been sick. Id. at 538-46. Both Figgatt and Caudill testified that they had made a strategic decision to present Petitioner’s background through the testimony of Petitioner’s mental health expert instead of through live witnesses based upon their knowledge of the trial court’s (“Judge Eaton’s”) preferences. (Ex. F-14 at 278; Ex. F-18 at 1104.) Caudill explained that a mental health expert could best synthesize information gathered from background witnesses and link up information to a defendant’s actions at the time of the crime. (Ex. F-18 at 1104-05.) Post-conviction counsel quizzed Figgatt as to whether he should have introduced (1) copies of Petitioner’s birth records, indicating that he had been hospitalized for eight days after his birth, and his marriage certificate; (2) a letter from Lynch’s mother referencing Petitioner’s marital problems; (3) his mother’s death certificate indicating that she had died on the same date, years prior to, the date Morgan ended the relationship with Petitioner; (4) a photograph of Petitioner’s confirmation and a confirmation card from his parents; (5) certificates regarding Petitioner’s photography hobby; (6) a Valentine’s Day card written to Morgan after she ended her relationship with Petitioner; (7) a Christmas card from Petitioner to Leah Caday; (8) motel receipts; (9) parking receipts; (10) credit card receipts; (11) a commendation for making a citizen’s arrest; (12) employment records; and (13) school records. (Ex. F-13 at 150-200.) Figgatt conceded that he should have done more to humanize Petitioner (Ex. F-13 at 150.) Despite Figgatt’s concession, Petitioner has not overcome “the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.” Strickland, 466 U.S. at 689, 104 S.Ct. 2052. It was not unreasonable, based upon counsels’ knowledge of Judge Eaton, to present mitigating evidence of Petitioner’s background through the testimony of their expert witness. Webb v. Mitchell, 586 F.3d 383 (6th Cir. 2009) (counsel’s performance not deficient even though habeas counsel raised legitimate critiques of trial counsel’s performance and presented a more “nuanced and troubling picture” of defendant’s mental health than trial expert did because the habeas expert “merely developed] a different psychological profile based on the same facts” trial expert used). Moreover, after reviewing the background and documentary evidence that Petitioner contends should have been presented at trial, this Court agrees with the Supreme Court of Florida that the omitted evidence was either irrelevant or cumulative to the evidence actually presented at the penalty phase. The background information about which the additional witnesses would have testified and the information contained within the additional documentary evidence was presented to the sentencing court, albeit in a different and less detailed manner. See Bobby v. Van Hook, 558 U.S. 4, 130 S.Ct. 13, 19, 175 L.Ed.2d 255 (2009) (no prejudice if additional background mitigation evidence adds nothing of value). Therefore, Petitioner has demonstrated neither deficient performance nor prejudice from counsels’ failure to present additional background evidence at his penalty phase. b. Failure to Properly Investigate and Pursue Diagnosis of a Cognitive Impairment Petitioner asserts that counsel were ineffective for failing to alert mental health expert witness, Dr. Olander, to the fact that another mental health expert suspected that Petitioner had brain damage and had recommended further neuropsychological testing to determine the degree of Petitioner’s impairment. In considering this claim, the Supreme Court of Florida determined that the mental health mitigation presented during Petitioner’s post-conviction hearing was “the only truly new mitigation evidence” presented. Lynch, 2 So.3d at 73. The court recognized that prior to the penalty phase, Dr. David Cox, Petitioner’s first mental health expert, had concluded that Petitioner suffered from a cognitive disorder NOS (not otherwise specified) and a possible paranoid personality disorder and had recommended neuropsychological testing to determine the degree of Petitioner’s impairment. Trial counsel, displeased with the style of Dr. Cox’s report, retained neuropsychologist Dr. Olander. Counsel, however, did not provide Dr. Olander with a copy of Dr. Cox’s report or inform her of Dr. Cox’s diagnoses. Trial counsel also did not obtain Petitioner’s school records or other background information that could have corroborated cognitive impairment. Dr. Olander assumed that Dr. Cox had ruled out a cognitive impairment and conducted no neuropsychological testing. She conducted only psychological testing and diagnosed Petitioner with schizoaffective disorder. She testified at trial that Petitioner did not have any brain impairment. Lynch, 2 So.3d at 74. The Supreme Court of Florida held: Based on the fact that trial counsel knew Lynch suffered from some type of cognitive impairment and never fully investígated this condition, counsel were deficient during the penalty phase in failing to address and utilize evidence related to Lynch’s frontal-lobe and right-hemispheric cognitive impairment. Id. at 75. Although the Supreme Court of Florida determined that trial counsel was deficient, it concluded that this failure did not prejudice Petitioner. Id. at 71-77. In addressing the prejudice inquiry, the Supreme Court of Florida stated that “[prejudice, in the context of penalty phase errors, is shown where, absent the errors, there is a reasonable probability that the balance of aggravating and mitigating circumstances would have been different or the deficiencies substantially impair confidence in the outcome of the proceedings.” Id. at 70 (citing Gaskin v. State, 737 So.2d 509, 516 n. 14 (Fla. 1999)). The Supreme Court of Florida considered the testimony of five mental health experts retained by Petitioner and two mental health experts retained by the State. The court noted that, while each expert agreed that Petitioner suffered from a mild cognitive impairment, there was disagreement as to whether the impairment qualified Petitioner for Florida’s statutory mental health mitigators. Id. at 75. The Supreme Court of Florida discounted State mental health expert Dr. William Reibsame’s testimony because some of his psychological testing of Petitioner was invalidated by the non-standard manner in which the tests had been administered. Id. The court determined, however, that State expert Dr. Jeffrey Danziger’s testimony was the most persuasive of the mental health experts: Dr. Danziger’s explanation of Lynch’s mindset on the date of the murders is the most persuasive of those offered during the postconviction proceedings: [Lynch] is someone who did not act in an impulsive fashion.... What we have here is two days before [the offenses,] the letter shows a 'murder/suicide plot. Earlier that day, according to his wife, he acted perfectly normal, he took care of his children, he dropped his son off. Nothing in his behavior suggested disorganization, psychotic thinking, agitation, a perfectly unremarkable morning in the life of Mr. Lynch taking care of his children and waiting for his wife to come home.... He then takes three guns in a bag, all of them loaded, drives over to the apartment complex, puts his car somewhere [Roseanna Morgan] can’t see it as she’s coming in[to] her apartment. What does this suggest? Planning, forethought, organization, not impulsive action, not a, I caught you in bed with somebody so I strangled you in the heat of the moment or without thinking. This is something planned and organized. He then waits, sees [Leah Caday], essentially follows her up the stairs and somehow either forces or cajoles his way in, holds her hostage, waiting however long, thirty, forty minutes, all of which at any time he could have changed his mind. This was not something that happened instantly but went on over this extended period of time. Of course then Roseanna appears at the door, shots are fired, he drags her in, administers the coup de grace, and then Leah gets hit. He then changes his mind on the suicide plan and then decides that he wishes to live. As I put all of this together, we have a man with no significant prior psychiatric history, no evidence of psychosis, no evidence of dementia, functioning perfectly unremarkably in his life. Thus, Lynch displayed organized, methodical planning in his perpetration of these offenses. Further, he displayed critical impulse control in electing not to inflict self-harm. During and after the offenses, Lynch explained his actions in a detailed, specific fashion. Id. The Supreme Court of Florida further noted that Petitioner was completely sober at the time of the murders and “a mass of evidence demonstrates that he methodically planned the murder-suicide plot.” Id. at 76. The court also expressly discounted Petitioner’s demonic-presence argument, which he had raised as demonstrative of emotional disturbance and hallucination. Relying on Dr. Danziger’s testimony, the Supreme Court of Florida noted that Petitioner’s feeling of an evil presence after the murder was “wholly consistent with a realization that he had committed terrible acts.” Id. at 77. Finally, the court determined that Petitioner had failed to link any cognitive condition with his behavior on the day of the murders: Lynch has simply failed to present any evidence connecting any cognitive condition to his behavior. Even if we fully accepted the testimony of his post-conviction mental-health experts, there has been little to no testimony establishing that any impairment or schizoaffective symptoms contributed to his actions on March 5,1999. Lynch had no prior history of criminal activity but by all defense accounts has always had this condition. Furthermore, he thoroughly planned and carried out his memorialized intent to murder Roseanna Morgan and then demonstrated critical impulse control by refusing to commit suicide. Id. at 77. In reviewing this claim, the Court considers the evidence presented at Petitioner’s penalty phase as well as the mitigation evidence presented at the post-conviction hearing. i Penalty Phase Mental Health Evidence Dr. dander testified about Petitioner’s background, including his life in New Jersey and New York, and diagnosed him with a personality disorder with obsessive compulsive and paranoid features and a schizoaffective disorder with a formal thought disorder that impacted his ability to think and behave in a rational, logical manner. She opined that Petitioner was under the influence of an extreme mental or emotional disturbance and his ability to conform his conduct with the requirements of law was substantially impaired at the time of the murders. When asked whether Petitioner suffers from brain damage, the following exchange occurred: [STATE]: Now, you said that you administered some tests to Mr. Lynch, correct? [DR. OLANDER]: Correct. [STATE]: And he performed those tests, correct? [DR. OLANDER]: Correct. [STATE]: And based upon the findings of those tests, Mr. Lynch is not suffering from any organic brain damage, correct? [DR. OLANDER]: No, I did not diagnose him with an [sic] organic brain damage. (Ex. A-8 at 829.) Dr. Riebsame, the State’s mental health expert, diagnosed Petitioner with a major depressive disorder and a personality disorder. Dr. Riebsame, however, testified that his testing and the evidence of Petitioner’s affectation at the time near the murders had not revealed a schizoaffective disorder. He believed that Petitioner was suffering emotional distress but not extreme distress at the time of the shootings. He opined that Petitioner’s ability to conform his conduct to the law at the time of the murders was not substantially impaired. (Ex. A-6-Ex. A-8.) In the sentencing order, Judge Eaton found three aggravating factors applied to Roseanna Morgan’s murder: (1) the murder was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification (“CCP”) (great weight); (2) the defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person (moderate weight); and (3) the capital felony was committed while the defendant was engaged in aggravated child abuse, burglary or kidnapping (little weight). (Ex A-3 at 502-11.) Judge Eaton found three aggravating factors applied to Leah Caday’s murder: (1) the defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person (great weight); (2) the murder was committed while the defendant was engaged in aggravated child abuse, burglary or kidnapping (moderate weight); (3) the murder was especially heinous, atrocious, or cruel (“HAC”) (great weight).' Id. at 511-14. As mitigating circumstances, Judge Eaton found the following non-statutory mitigators: (1) the crime was committed while the defendant was under the influence of mental or emotional disturbance but not extreme emotional disturbance; (2) the defendant’s capacity to conform his conduct to the requirements of law was impaired but not substantially impaired; (3) the defendant had no significant history of prior criminal activity; (4) the defendant suffered from mental illnesses at the time of the offense; (5) the defendant was emotionally and physically abused as a child; (6) the defendant had a history of alcohol abuse; (7) the defendant has adjusted well to incarceration; (8) the defendant cooperated with the police; and (9) the defendant expressed remorse, was a good father to his children, and intended to maintain a relationship with his children while in prison. Id. at 514-20. The court gave only moderate weight to the first mitigating circumstance because he believed the extent of Petitioner’s emotional disturbance to be less than extreme. Id. at 515. The court also gave only moderate weight to the second factor because he believed that Petitioner’s capacity to conform his conduct to the requirements of the law was impaired but not substantially impaired. Id. at 515. The court gave little weight to the fourth factor, determining that the evidence had established a personality disorder with paranoid features, obsessive-compulsive features, and passive aggressive features. The court, however, rejected Dr. Olander’s diagnosis of schizoaffective disorder. Id. at 516. Because there was no connection between Petitioner’s alleged childhood emotional and physical abuse or his alcohol abuse and the murders, factors five and six were given little weight. Id. ii. Post-Conviction Evidence At the post-conviction hearing, Figgatt testified that he had initially hired Dr. Cox as Petitioner’s mental health expert. (Ex. F-14 at 224.) Figgatt indicated that he had been displeased with Dr. Cox’s report because it did not provide a nexus between Petitioner’s mental illness and the murders. Id. at 225-28. Figgatt felt that Dr. Cox’s report was so nebulous that he “[couldn’t] buy an MRI or anything like that based upon this kind of recommendation from Dr. Cox. So [he] went to Dr. dander.” Id. at 234. He did not provide Dr. dander with Dr. Cox’s written report because he did not want her to be influenced by his conclusions. Figgatt, however, asked Dr. Olander “to do everything that she could come up with that had anything to do with what caused [Petitioner] to do what he did that day.” Id. at 232-35. Similarly, Caudill testified that one of the reasons Dr. dander was hired was to follow up on Dr. Cox’s suggestion that further neuropsychological testing be done. (Ex. F-18 at 1116-18.) Because Dr. dander was a neuropsychologist, both Figgatt and Caudill expected her to perform neuropsychological testing. (Ex. F-14 at 233-235; Ex. F-18 at 1135.) However, Caudill admitted that the report received from Dr. dander indicated that only psychological testing, not neuropsychological testing, had been performed. (Ex. F-18 at 1135-36.) Seven mental health experts testified. Psychologist Dr. Cox, neuropsychologist Dr. dander, neurologist David McCraney, neurologist Joseph Sesta, and psychiatrist Joseph Chong-Sang Wu testified on Petitioner’s behalf. Dr. dander indicated that, when she testified at the penalty phase, she believed that brain damage had been excluded by Dr. Cox. When questioned why she had testified that Petitioner had no brain damage based upon the findings of her testing, she replied that “in retrospect, a better answer would have been that I did not evaluate or assess for brain damage.” (Ex. F-16 at 647.) After reviewing Dr. Cox’s initial report, she believed that his testing indicated brain damage, and she would have performed more tests if she had known of Dr. Cox’s diagnoses. Id. at 646-56. She testified that Petitioner’s organic brain damage would have had a significant impact on Petitioner’s self control and would have added weight to the emotional state Petitioner was experiencing at the time of the murders. Id. at 672-73. However, Dr. dander stood by her original diagnosis of schizoaffective disorder. Id. at 695. Dr. Cox testified that Petitioner had a dysfunction of thinking skills, “quite likely due to a brain damage situation.” (Ex. F-16 at 611.) He testified that the statutory mental health mitigators may have applied in this case. Id. at 615. Dr. McCraney testified that Petitioner had frontal lobe and right hemisphere brain damage and suffered from psychosis. (Ex. F-16 at 737, 741.) He determined that Petitioner’s ability to control his behavior was impaired but did not opine as to whether Petitioner met the criteria for extreme emotional disturbance. Id. at 741, 762. Dr. McCraney noted that, while Petitioner had likely suffered from a brain dysfunction his entire life, people who suffered from his condition had an impaired ability “to inhibit violent responses.” Id. at 741. He further testified that stressors such as the anniversary date of the death of his mother, spiraling credit card debt, a failing marriage, and the loss of ability to be with his children could have compromised Petitioner’s ability to compensate for his cognitive impairment. Id. at 742-744. Dr. McCraney said that Petitioner’s brain impairment, combined with the stress he was under, more likely than not contributed to the offenses. Id. at 760. He described Petitioner as “a walking time bomb.” Id. at 768. Dr. Wu examined Petitioner’s PET scan and concluded that his brain showed an abnormality in the distribution of activity in the frontal lobe of the brain relative to the back of the brain. (Ex. F-17 at 879.) Dr. Sesta also testified that Petitioner suffered from mild brain impairment and possible psychosis but not traumatic brain damage. (Ex. F-17 at 965, 986, 992.) He opined that people with Petitioner’s condition, “do quite well” when given a routine, but decompensate rapidly and severely when under great stress. Id. at 987-88. He testified that the impairment would make Petitioner less able than a normal person to conform his behavior to the standards of the law although Petitioner knew what he was doing and that it was wrong. Id. at 982-98. Dr. Sesta opined that Petitioner’s ability to conform his conduct to the law was substantially impaired. He, however, did not have an opinion as to whether Petitioner suffered from extreme emotional disturbance at the time of the murders, other than that he was suicidal. (Ex. F-18 at 1015; Ex F-17 at 993.) Psychologist William Riebsame and psychiatrist Jeffrey Danziger testified for the State. Dr. Riebsame agreed that Dr. Cox’s testing was supportive of mild cognitive impairment that likely reflected a learning disorder which in turn affected school performance. (Ex. F-18 at 1039, 1182.) He testified that Petitioner had admitted that he knew what he was doing was wrong and that Petitioner’s ability to conform his conduct to the law was not substantially impaired. Id. at 1040, 1151. However, Dr. Reibsame admitted that he had incorrectly administered some of the tests used to evaluate Petitioner prior to the penalty phase. Id. at 1079-81, 1158, 1167. Dr. Danziger opined that Petitioner was not suffering from any psychotic illness and did not have schizoaffective disorder. (Ex. F-19 at 1213.) Based on the amount of planning prior to the murders, Dr. Danziger did not believe that Petitioner acted impulsively. Id. at 1214. He testified that Petitioner was under some distress at the time of the murders but not to the point of being unable to control his behavior. Id. at 1216. He stated that, even if Petitioner had a mild cognitive impairment, such an impairment would not have affected his behavior at the time of the murders. Id. at 1218. Dr. Danziger did not believe that Petitioner’s ability to conform his conduct to the law was substantially impaired at the time of the murders. Id. at 1219. in. Deficient Performance The Supreme Court of Florida determined that counsel were deficient for failing to ensure that Petitioner was tested for organic brain damage and to utilize evidence of Petitioner’s cognitive impairment at trial. Lynch, 2 So.3d at 75. Under Strickland, deficient performance is shown if counsel’s actions are “outside the wide range of professionally competent assistance.” 466 U.S. at 691-92, 104 S.Ct. 2052. Given that Dr. Cox’s initial report indicated the probable existence of cognitive impairment and Dr. Olander’s report indicated that only psychological testing had been performed, counsel should have ensured that Dr. Olander administered tests which assessed whether brain damage existed. The parties do not dispute that counsel performed deficiently by failing to investigate and present evidence of cognitive impairment. This Court, therefore, must determine whether the state court unreasonably applied Strickland in holding that Petitioner was not prejudiced by the deficiency. Porter v. McCollum, 558 U.S. 30, 130 S.Ct. 447, 175 L.Ed.2d 398 (2009). iv. Prejudice ‘When a [petitioner] challenges a death sentence such as the one at issue in this case, the question is whether there is a reasonable probability that, absent the errors, the sentencer — including an appellate court, to the extent it independently re-weighs the evidence — would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” Strickland, 466 U.S. at 695, 104 S.Ct. 2052. To determine if prejudice resulted from counsel’s unreasonable failure to investigate and present favorable or mitigating evidence, federal courts “reweigh the evidence in aggravation against the totality of available mitigating evidence.” Wiggins v. Smith, 539 U.S. 510, 534, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). The critical issue is whether “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052. This analysis requires the Court to evaluate the totality of the available mitigation evidence — both that presented at trial and at the collateral proceedings. Williams v. Taylor, 529 U.S. 362, 397-98, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). If “the available mitigating evidence, taken as a whole, ‘might well have influenced the jury’s appraisal’ of [the defendant’s] moral culpability,” then prejudice has been shown. Wiggins, 539 U.S. at 538, 123 S.Ct. 2527. In the instant case, significant evidence was presented at the penalty phase through the testimony of Dr. dander regarding Petitioner’s mental health, but the court was told that Petitioner did not suffer from brain damage. Petitioner’s sentencing court considered Dr. dander’s testimony and determined that the statutory mental health mitigating factors did not apply. The court, however, found that three non-statutory mental health mitigating factors did apply. At the post-conviction evidentiary hearing, every defense expert and Dr. Riebsame agreed that Petitioner suffered from some degree of cognitive impairment. Dr. Danziger did not offer an opinion as to whether Petitioner suffered from brain impairment, noting that even if he suffered “some mild cognitive impairment,” it was irrelevant to the murder. (Ex. F-19 at 1218, 1266.) Accordingly, that Petitioner suffers from brain dysfunction is not disputed by either side. The Supreme Court of Florida considered the testimony of each witness presented at the post-conviction hearing and determined that the state’s post-conviction expert, Dr. Danziger, was the most persuasive of the mental health experts. Lynch, 2 So.3d at 75. The Supreme Court of Florida further determined that Petitioner had failed to connect his cognitive condition to his behavior at the time of the crimes. Id. at 77. In so ruling, the Supreme Court of Florida did not address testimony from Petitioner’s mental health experts that linked his mental condition to his actions on the day of the murders. Instead, the state court determined that Petitioner “simply failed to present any evidence connecting any cognitive condition to his behavior.” The court further concluded that Petitioner had presented “little or no testimony establishing that any impairment or schizoaffective symptoms contributed to his actions on March 5, 1999.” Lynch, 2 So.3d at 77. The state court noted that, even though Petitioner had always suffered from a brain condition, he had no prior criminal history, had thoroughly planned and executed the murders, and had demonstrated impulse control by not committing suicide. Id. A state court’s factual findings are presumptively correct unless shown to be factually wrong by clear and convincing evidence. See Gore v. Sec’y for Dep’t of Corr., 492 F.3d 1273, 1294 (11th Cir.2007); Jones v. Walker, 540 F.3d 1277, 1288 (11th Cir.2008). When a state court’s “adjudication of a habeas claim results in a decision that is based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding, this Court is not bound to defer to the legal conclusions that flow from them.” Jones, 540 F.3d. at 1288. Moreover, when a state court unreasonably determines the facts relevant to a claim, AEDPA deference is not owed to the state court’s findings, and the federal court will apply a de novo standard of review. Cooper v. Sec’y, Dep’t of Corr., 646 F.3d 1328, 1353 (11th Cir.2011); Green v. Nelson, 595 F.3d 1245, 1251 (11th Cir.2010) (finding that state court unreasonably determined the facts under § 2254(d)(2) and applying de novo review). This Court concludes that the Supreme Court of Florida’s determination that Petitioner “simply failed to present any evidence connecting any cognitive condition to his behavior” is an unreasonable determination of the facts. At the post-conviction proceeding, Petitioner presented testimony from three mental health experts that linked his impairment to his actions on the day of the murders. Dr. Olander testified that Petitioner’s organic brain damage would have had a significant effect on his self control, labeling the interaction of Petitioner’s psychotic thought processes and frontal lobe damage as “incredibly disabling.” (Ex. F-16 at 657.) Both Dr. McCraney and Dr. Sesta testified that Petitioner’s condition, combined with emotional and situational stress, could have led to Petitioner’s decompensation and an impaired ability to control his violent behavior. Dr. McCraney testified that Petitioner’s brain impairment, combined with the stress he was experiencing, more likely than not contributed to the offenses. (Ex. F-16 at 760.) Dr. Sesta described the combination of stress with a brain impairment and psychosis as a “disaster.” (Ex. F-17 at 987.) Thus, evidence was presented at the post-conviction hearing linking Petitioner’s cognitive impairment to his actions. Accordingly, because the state court’s decision was based upon an unreasonable determination of the facts, this Court must independently determine whether the failure of Petitioner’s counsel to investigate and present additional mental health evidence at the sentencing proceeding resulted in prejudice. See 28 U.S.C. § 2254(d)(2); Sochor v. Sec’y, Dep’t of Corr., 685 F.3d 1016, 1030 (11th Cir.2012). Testimony regarding Petitioner’s brain damage would have been compelling mitigating evidence and is the type of eviden