Full opinion text
ORDER STEVEN D. MERRYDAY, District Judge. In a single killing spree Jerry Correll murdered four victims, including his ex-wife and their five-year old daughter. Correll petitions for the writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 71) and challenges the validity of both his convictions for four murders and his four death sentences. Correll asserts numerous errors allegedly committed by both the trial court and his attorneys. Based on the overwhelming evidence of guilt, the substantial evidence of aggravation, and the meager evidence of mitigation, Correll’s challenges to both the convictions and the sentences lack merit. This action proceeds on Correll’s third amended petition (Doc. 119) — -which was filed in late 2010 — the response (Doc. 120), and the reply (Doc. 123) — both of which were filed in 2011. Several grounds are procedurally barred from federal review and the remaining grounds lack merit. I. PROCEDURAL BACKGROUND In 1986 Correll was convicted of four first-degree murders. The victims were Susan (his ex-wife), Tuesday (their five-year old daughter), Marybeth Jones (Susan’s sister), and Mary Lou Hines (Susan’s mother). Correll was sentenced to death for each murder. Correll v. State, 523 So.2d 562 (Fla.1988), cert. denied, 488 U.S. 871, 109 S.Ct. 183, 102 L.Ed.2d 152 (1988) (“Correll I”), affirmed each conviction and each death sentence. In 1990 Correll moved to vacate his sentences under Rule 3.850, Florida Rules of Criminal Procedure, and alleged that he was denied the effective assistance of trial counsel. The post-conviction judge, who was also the trial judge, denied Correll’s motion for post-conviction relief. In a state petition for extraordinary relief in the Florida Supreme Court under Rules 9.030(a)(3) and 9.100(a), Florida Rules of Appellate Procedure, Correll alleged that he was denied the effective assistance of appellate counsel. In a consolidated order on the petition for extraordinary relief and appellate review of the denial of the Rule 3.850 motion to vacate, the Florida Supreme Court denied relief. Correll v. State, 558 So.2d 422 (Fla.1990) (“Correll II”). In 1990 Correll filed his initial Section 2254 petition for the writ of habeas corpus. The action was stayed in. 1995 (Doc. 51) to permit Correll to exhaust a claim based on newly discovered evidence. In 1998 the action was re-opened (Doc. 58) after the state court proceedings concluded in Correll v. State, 698 So.2d 522 (Fla.1997) (“Correll III”). In 1999 the federal action was transferred (Doc. 72) to the Orlando Division because the murders occurred in Orange County and Correll was indicted in Orange County. However, the Orlando Division transferred (Doc. 88) the action back to the Tampa Division because after a change of venue the trial occurred in Sarasota County. In 2002 the action was again stayed (Doc. 99) to await the Florida Supreme Court’s determination of the effect on Florida law of Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). In 2005-the action was re-opened. (Doc. 111) The state court record was lost during the pendency of this federal action, in part (perhaps) because both the Tampa and Orlando Divisions moved into a new courthouse. A July 5, 1994, docket entry shows that the record was initially received in the Tampa Division. An April 2, 1999, docket entry shows that the record was “placed in the death penalty room” in Orlando following the transfer to that division. The new courthouse in Orlando opened after the date of the docket entry. No docket entry shows that the record was either transferred to, or received by, the Tampa Division after the action was transferred back to the Tampa Division. Following a long and exhaustive search, in late 2010 the state court record was located at the Federal Records Center in Georgia. Discovery of the record was complicated because (1) the submission to the records center was in error, (2) the submission was not recorded on the docket sheet, and (3) the submission was improperly recorded on the list of. archived records. The parties filed new briefs after the state court record was returned from the federal archives. II. FACTS Correll’s murders were grisly, the crime scene was gory, and Correll’s guilt is indisputable because of the overwhelming, incriminating evidence. Correll I, 523 So.2d at 564, reports the facts of the murders as follows: On the morning of July 1, 1985, the bodies of the four victims were discovered in [Mrs. HinesJ’s home in Orlando. All had been repeatedly stabbed and died from massive hemorrhages; the three older victims had defensive type wounds on their hands. A sheriffs department investigator was called to the crime scene and approximately an hour and a half after his arrival encountered Jerry Correll there. Correll was asked for a statement and subsequently went to the sheriffs department where he gave first an oral and then a tape recorded statement. In his statement, Correll indicated that on the night of the murders he had been drinking and smoking marijuana with a woman, who later drove with him to Kissimmee. While at the sheriffs department, Correll consented to having his fingerprints taken and having pictures of the scratches, cuts and bruises on his hands and forearms taken. The next day, Correll was again interviewed and subsequently arrested. After being advised of and waiving his Miranda rights, Correll gave another statement after his arrest. Several bloody fingerprints and palm prints found at the murder scene were later matched to Correll’s. Evidence that he had previously threatened to kill his ex-wifé was also admitted. In addition, he could not be ruled out as the person whose bloodstains were found at the scene and whose sperm was found in Susan Correll’s vagina. The following more detailed facts about the murder of Susan Correll are from the prosecution’s answer brief on direct appeal (Respondent’s Exhibit XXXV at 127-30), are not in conflict with the facts from Correll’s opening brief on direct appeal (Respondent’s Exhibit XXXV at 1-30), and are supported by the record. The evidence in this case indicated that Susan Correll had at least fourteen (14) separate stab wounds, and that she bled to death from a massive hemorrhage produced by the wounds to her chest and abdomen (R 777, 1871). According to the [medical examiner], the wounds were inflicted in two “clusters” or “phases” involving the infliction of superficial yet painful and traumatizing wounds to the neck, followed by the “killing” phase involving the infliction of fatal wounds to the chest, back and abdomen (R 1869-1870; 1891). [The medical examiner] testified that the wounds, which penetrated the lungs, would have resulted in severe pain, and that they would not have incapacitated the victim or rendered her unconscious (R 1876); indeed the doctor testified that the victim could have lived for as long as ten to fifteen minutes after infliction of these wounds (R 1877). ‘ The autopsy slides indicate that Susan Correll suffered an extreme extensive wound to the abdomen, some seven inches deep, which resulted in the exposure of a great deal of her intestine (R 769-770); the [medical examiner] testified that there were indications that either the victim or the knife had moved while this wound was being inflicted (R 770). Likewise, the testimony and the slides indicate the existence of a significant number of defensive wounds on both of the victim’s hands, indicating that she sought to defend herself against the constant onslaught and that, as a result, she cut herself on the knife (R severed). The [medical examiner] also noted the presence of a number of bruises and abrasions on the victim’s forehead, shoulder blade, thighs and legs (R 781-2).' The bloodstain pattern expert testified that, in her opinion, Susan Correll had been stabbed in the hallway outside her bedroom (R 1535-7). She had then been dragged into the bedroom and placed on her bed; the [medical examiner] testified that there was no way that Susan Correll would have been able to travel this distance on her own (R 782,-1885). The teeshirt she had been wearing at the time she had been stabbed was removed, and when she was found, Susan Correll was nude (R 778). Additionally, her body was partially covered by a sheet and the area from the mid-chest to the feet had been wiped clean of blood, a condition which could not have existed “naturally given the existence of substantial wounds (R 752-3). A pillow was found on top of the deep abdominal wound, and two types of bloodstains were found on the pillow: one type was consistent with that of Susan Correll, while the other was consistent with that of appellant only (R 755, 1375). As best as can be determined, the testimony of the bloodstain pattern expert could not rule out the possibility that these bloodstains were transferred onto the pillow at a point in time when one body was atop the other (R 1524-6). While no evidence of genital trauma was found, intact spermatozoa were found in Susan Correll’s vagina (R 756, 1431). [The forensic serology expert] testified that, based on appellant’s blood type and “secretor status,” appellant could not be ruled out as being the “source” of the semen, which could have existed in the victim’s body from anywhere between eight hours and three days prior to discovery (R 1433-4). The [medical examiner] testified that the lack of genital trauma could be consistent with commission of a sexual battery after the victim was dead (R 756-7, 839-40, 851, 1888). Near the completion of the medical examiner’s testimony about the wounds to Susan’s body and his use of slides and photographs depicting the wounds, Correll asked to be excused from the trial (Respondent’s Exhibit VII at 776): [Defense Counsel]: Your Honor, I don’t know whether this might be am appropriate time to take a recess. We’ve been going somewhat more than an hour. But I would also ask — Mr. Correll has not seen these things before and it has been very difficult for him — would it be appropriate— [Prosecutor]: Your Honor, can we have something more than a speaking objection at this point? The Court: What is your objection? [Defense Counsel]: It’s a request not an objection. It’s been very difficult for him. I wonder if he might be excused until the showing of the slides is over. I have talked to him about it and he would request that — I don’t think there would be an objection in terms of— [Prosecutor]: Your Honor, the State objects to that. This is Mr. Correll’s trial and he ought to be here. The Court: Well, at this point we are going to be having the balance of the direct examination concerning those slides, and I will be taking a recess at that point, when we complete that, and I will take up these other matters. After the medical examiner concluded his testimony about Susan, the trial court revisited Correll’s request to be excused (Respondent’s Exhibit VII at 783, 785-86): The Court: All right. Before the rest of us recess we will take up the Defendant’s request to be absent at his own trial. I also am of the mind that Mr. Correll should be here at all critical stages of the proceedings.... He should be here for all critical stages of the proceedings against, him. He should view the evidence that the State is presenting in the trial against him, particularly in a case of this nature. The question is whether or not I legally can require him to remain in the courtroom during the- course of his trial or whether he does, in fact, have the right to be absent from his own trial, absent some type of behavior necessitating it. [Prosecutor]: Your Honor, it’s the State’s position that Mr. Correll needs to be present. There is no authority that I know of, casewise, for the defendant to pick and choose which portions of the trial that he wants to attend.... It’s the State’s position that this is Mr. Correll’s trial. He has a right to confront the evidence and the witnesses. I don’t see anything disruptive about his behavior, at this particular point, to cause the Court to force him to leave, and I didn’t see any reason why we should let him leave and come when he wants to. The Court: All right. I’m going to deny the request to allow Mr. Correll to pick and choose what portions of this trial he wishes to attend. If he does not wish to view portions of the evidence, I suggest he turn his head or close his eyes. For so long as it does not necessitate his removal from the courtroom, I intend to have him present during the course of his own trial. The following more detailed facts about the murder of Tuesday Correll are from the prosecution’s answer brief on direct appeal (Respondent’s Exhibit XXXV at 144-45), are not in conflict with the facts from Correll’s opening brief (Respondent’s Exhibit XXXV), and are supported by the record. The evidence in this case indicates that Tuesday Correll suffered at least ten (10) stab wounds, and that she bled to death from a massive hemorrhage as a result of the multiple stab wounds to her chest (R 798). As with the other victims, the [medical examiner] testified that the wounds were inflicted in two “phases,” the first involving the infliction of superficial, yet painful and traumatizing wounds to the head, such “phase” followed by the infliction of fatal wounds to the chest (R 1879-1881). In this instance, one such terrorizing wound was a stab wound to the ear, and the [medical examiner] also noted marks on Tuesday’s neck which would have been consistent with the knife having been pressed very hard against it; the doctor stated that such mark was consistent with the child having been held as a hostage, and noted that slight movement had produced a superficial cut (R 790-1, 1879- 1880). Likewise, the [medical examiner] noted the cluster of stab wounds to her chest, including wounds which had penetrated her lungs and heart (R 791-6). The doctor pointed out the “butterfly” or “heart” configuration of one such wound, seemed to indicate that either the knife or the child had moved during the stabbing (R 792-3). [The medical examiner] stated that the wounds to the lung would have been quite painful, and that the child would have lived between two to three minutes after infliction of the chest wound (R 1880- 1). The' doctor also noted the presence of stabs on the child’s back and a number of abrasions or bruises on her legs (R 796-7). When she was found, Tuesday was clad in a nightgown and panties, ■ and the bloodstain pattern expert testified that Tuesday was stabbed while in the hallway, and that she was later moved to the bed in her room (R 788,1534-5). The following more detailed facts about the murder of Ms. Jones are from the prosecution’s answer brief on direct appeal (Respondent’s Exhibit -XXXV at 137-38), are not in conflict with the facts from Correll’s opening brief (Respondent’s Exhibit XXXV)', and are supported by the record. The evidence in this case indicates that Marybeth Jones suffered at least fourteen (14) stab wounds, and that she bled to death from a massive hemorrhage, as a result of the stab wounds to her chest (R 824). The [medical examiner] likewise testified, as in the case of Susan Correll, that these wounds had been inflicted in two phases, the first involving the infliction of superficial, yet painful and traumatizing wounds to the neck and face, the second involving the “killing” phase, wherein fatal wounds were inflicted to the chest (R 1881-3). Again, as with Susan Correll, the wounds were not immediately fatal, and the [medical examiner] testified that the victim could have lived up to ten minutes after the chest wounds were inflicted (R 1882). [The medical examiner] testified that one of the wounds was consistent with a knife having been drawn across the victim’s neck, and further noted that one of the major veins on the neck had been penetrated (R 820). The [medical examiner] stated that some of the wounds could have been inflicted from behind or while the victim was lying on the floor (R 820-1). The fatal stab wounds had penetrated the lung, liver and kidney (R 821). The [medical examiner] noted the presence of slight defensive wounds on the hands (R 822-3). In all likelihood, according to the bloodstain pattern expert, Miss Jones was first attacked in the kitchen, her body then dragged through the utility room and into her bedroom (R 747-8, 886, 1539-40). When she was found, Marybeth Jones was wearing only a blouse and a pair of-panties (R 814): an ice cube tray was found out on the kitchen counter which was spattered with blood matching that of either Marybeth Jones or appellant (R 271). Blood consistent with that of appellant was found on several items in her room, including her wallet and purse (R 276). At the time she was found, the television and fan in her room were both still turned on, and the door to the outside was locked and bolted (R 595). Additionally, at the time that the wallet was found, it contained no paper currency, although a witness who had been in the company of Miss Jones earlier that day, testified that he had seen bills inside of her wallet (R 583); when appellant was arrested, a bloodstained twenty dollar bill was found in his possession (R 1429-30). Likewisé, when Miss Jones was found, her automobile, a black Mustang, was missing. Her boyfriend testified that he had last seen her drive off toward home at around midnight on the night of the murders (R 573); the car was later found, abandoned in a parking lot, with a bloodstain on the driver’s seat, and the keys subsequently turned up on the trunk of Richard Henestofel’s disabled vehicle (R 997, 1026-7, 1205-8, 1426). The following more detailed facts about the murder of Mrs. Hines are from the prosecution’s answer brief on direct appeal (Respondent’s Exhibit XXXV at 151-52), are not in conflict with the facts from Correll’s opening brief (Respondent’s Exhibit XXXV), and are supported by the record. The evidence in this case indicated that Mary Lou Hines had at least fourteen (14) separate stab wounds, and that she bled to death from a massive hemorrhage of the chest cavity; the [medical examiner] also noted that because of the penetration of her trachea, Mrs. Hines had been forced to breathe in some of her own blood (R 810-811). In contrast to the other victims, the two “phases” of attack were not present in this case. Instead, the evidence indicated that the wounds had been inflicted, for the most part, in one massive cluster (R 1870, 1883). The [medical examiner] specifically identified those stab wounds which had penetrated the lungs, some of which were as deep as seven inches (R 805-6); he likewise noted those which had penetrated the aorta and the windpipe (R 807, 808). [The medical examiner] testified as to the presence of extensive defensive wounds on both of the victim’s hands, and the slides introduced indicate that Mary Lou Hines’s left hand was severely gashed and that her thumb was almost severed (R 1883-4; 808-9, slide numbers 451, 452, 453); several of the fingers of her left hand were cut all the way to the bone (R 809). Her body had a significant number of bruises and abrasions in many areas, including around the jaw, forehead, bridge of the nose, legs and shoulder (R 803,812, 1885). [The medical examiner] testified that the chest and hand wounds would have produced a significant amount of pain, and stated that the victim had, in all likelihood, lived for up to five minutes after infliction of the fatal wounds (R 1884-5). It is clear from the testimony of both [the medical examiner] and the bloodstain pattern expert that a fierce bloody struggle had ensued between appellant and Mrs. Hines (R 1883-4, 747, 1540). She showed the most resistance of any victim. The struggle was so severe that Mrs. Hines’s dental plate was knocked out (R 813). The bloodstain evidence indicated that Mrs. Hines was first attacked while outside of Tuesday’s room, and that she was attacked fiercely while within that room; her blood was found spattered on the walls (R 1537-8). The expert likewise noted the presence of blood on the inside of the door and on the carpet, and stated that it was likely that the victim had been stabbed while kneeling on the floor or while backing up toward the bed (R 1538). The witness also stated that Mary Lou Hines had been stabbed while she was lying on the bed, and that the injuries to her forehead were consistent with her having come into contact, forcefully, with the wall (R 813, 1883). When she was found, the victim was wearing a nightgown (R 800). Lawrence Smith testified (1) that, while confined in solitary, confinement in the Orange County jail, he and Correll were in adjoining cells, (2) that they would converse while walking in the recreation area, and (3) that they would talk while in their respective cells. Smith testified that, although Correll never admitted to committing the murders, Correll admitted that “he was there that night.” (Respondent’s Exhibit X at 1283) Smith also represented that Correll claimed to have contracted with a friend in a motorcycle gang to kill Susan but that Correll “had got back in good with his ex-wife” before the contract was fulfilled. (Respondent’s Exhibit X at 1280) Smith testified that Correll claimed that he would use an alibi defense. Initially Correll stated that he was going to claim that he spent the evening with a woman named June but later he claimed that some friends were going to “set up” an alibi for him. “He said that they were going to be his alibi witnesses. That those people and other people that were his Mends, who he didn’t name, were going to set up an alibi for that night.” (Id. at 1284) Lastly Smith testified that Correll commented about the murder of Tuesday (Id. at 1289): Q: He never specifically talked about how the murders took place, did he? A: No. Q: He did, however, say he would have to be insane to kill his own daughter, is that right? A: He said that the jury would believe he was insanq, anybody that would kill his own daughter. The trial court sentenced Correll to death for each murder and found that “Correll had been previously convicted of another capital offense” as an aggravating factor applicable to each murder. Correll I, 523 So.2d at 564. The trial court found both the presence of additional aggravating factors for the murder of each victim and the absence of a mitigating factor (Respondent’s Exhibit XXIX at 4095-97): The Murder of Susan Correll was Committed During the Course of Sexual Battery The presence of intact sperm in the vagina of Susan Correll which was consistent with the blood type of the Defendant when considered in conjunction with the testimony of [the crime scene re-construction expert], demonstrates beyond a reasonable doubt that her killer had sexual intercourse with her after infliction of the abdominal wound. The Murder of Susan Correll was Committed in an Especially Heinous, Wicked, Atrocious and Cruel Manner The testimony of [the medical examiner] revealed that a great many of the stab wounds to the neck area of Susan Correll were relatively shallow and superficial. These wounds would cause great pain but were not immediately life threatening. A slicing type wound on the back of Susan Correll also would have caused great bleeding and pain but was not itself life threatening. These wounds, when considered with the great number of stab wounds found on many different parts of her body, demonstrate beyond a reasonable doubt that Jerry Correll tortured Susan Correll in the course of murdering her: The Murder of [Ms. Jones] was Committed During the Course of a Robbery The evidence shows that after Jerry Correll stabbed [Ms. Jones] numerous times he took her car keys and left the scene in her automobile. He was able to secure this getaway vehicle by rendering her unconscious with a knife. The Murder of [Ms. Jones] was Committed for the Purpose of Avoiding or Preventing a Lawful Arrest [Ms. Jones] had the misfortune of returning to her home before the killer had left. She knew Jerry Correll. She could identify Jerry Correll. Jerry Correll killed Mary Beth Jones in order to eliminate the only person alive who could identify him as the killer. There is no other reasonable explanation. The Murder of Tuesday Correll was Especially Heinous, Atrocious, and Cruel [The medical examiner] testified Tuesday Correll lived approximately five minutes before losing consciousness. It is difficult to imagine the degree of emotional anguish suffered by that dying child. She had apparently witnessed the brutal murder of her mother and experienced the horror of her own father repeatedly driving a sharp knife into her chest. She had no defensive wounds. The Murder of Tuesday Correll was for the Purpose of Avoiding Arrest The evidence from both sides revealed that the Defendant had a normal loving relationship with his daughter prior to killing her. There is no reasonable explanation for her murder other than to permanently silence her as a witness to the death of her mother. The Murder of Tuesday Correll was Committed in a Cold, Calculated and Premeditated Manner Without any Pretense of Legal or Moral Justification This five year old child was clad only in her nighty and was clutching her cloth doll when she was brutally and repeatedly attacked by her own father. The “hostage type” wounds on the neck of Tuesday Correll as well as the “L” and “heart shaped” wounds caused by the movement of the knife while in her chest evidence the heightened premeditation of the Defendant at the time she was killed. The Murder of [Mrs. Hines] was Especially Heinous, Atrocious, and Cruel The evidence revealed that the murderer of [Mrs. Hines] went far beyond simply stabbing her to death. She was bludgeoned about the head and neck. She was stabbed repeatedly and in many separate “patterns.” She was chased while dying and had her fingers nearly amputated while attempting to shield herself. She was fifty-five years old. Mitigating Factors The Court has carefully considered all statutory mitigating factors and finds that no mitigating circumstance exists in the evidence of this case. The Court has also carefully examined and considered the record for any other factor or circumstance involving the case and the character of Jerry Correll. No mitigating circumstances can be found. Correll asserts fifteen grounds for relief. The respondent correctly argues that some claims are procedurally barred from federal review. This order addresses the procedural issues before reviewing the merits of the remaining grounds, which are addressed sequentially beginning with a pretrial claim, followed by guilt and penalty phases claims, and concluding with Correll’s ineffective assistance of counsel claims. III. EXHAUSTION AND PROCEDURAL DEFAULT A petitioner must present each claim to a state court before raising the claim in federal court. “[Exhaustion of state remedies requires that petitioners ‘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), quoting Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971). Accord Rose v. Lundy, 455 U.S. 509, 518-19, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982) (“A rigorously enforced total exhaustion rule will encourage state prisoners to seek full relief first from the state courts, thus giving those courts the first opportunity to review all claims of constitutional error.”), and Upshaw v. Singletary, 70 F.3d 576, 578 (11th Cir.1995) (“[T]he applicant must have fairly apprised- the highest court of his state - with the appropriate jurisdiction of the federal rights which allegedly were violated.”). Also, a petitioner must present to the federal court the same claim presented to the state court. Picard v. Connor, 404 U.S. at 275, 92 S.Ct. 509 (“[W]e have required a state prisoner to present the' state courts with the same claim he urges upon the federal courts.”). “Mere similarity of claims is insufficient to exhaust.” Duncan v. Henry, 513 U.S. at 366, 115 S.Ct. 887. See also Brown v. Estelle, 701 F.2d 494, 495 (5th Cir.1983) (“The exhaustion requirement is not satisfied if a petitioner presents new legal theories or entirely new factual claims in support of the writ before the federal court.”). A petitioner must alert the state court that he is asserting a federal claim and not just a state law claim. A litigant wishing to raise a federal issue can easily indicate the federal law basis for his claim in a state-court petition or brief, for example, by citing in conjunction with the claim the federal source of law on which he relies or a case deciding such a claim on federal grounds, or by simply labeling the claim “federal.” Baldwin v. Reese, 541 U.S. 27, 32, 124 S.Ct. 1347, 158 L.Ed.2d 64 (2004). As a consequence, “[i]t is not enough that all the facts necessary to support the federal claim were before the state courts, or that a somewhat similar state-law claim was made.” Anderson v. Harless, 459 U.S. 4, 6, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982). See also Kelley v. Sec’y, Dep’t of Corr., 377 F.3d 1317, 1345 (11th Cir.2004) (“The exhaustion doctrine requires a habeas applicant to do more than scatter some makeshift needles in the haystack of the state court record.”) (citations omitted). Unexhausted grounds are procedurally barred from federal review and not reviewable unless Correll overcomes the procedural default. Correll must satisfy one of two tests to overcome procedural default, either (1) he shows “cause for the default and prejudice attributable thereto” or (2) he shows “that failure to consider [the defaulted] claim will result in a fundamental miscarriage of justice.” Harris v. Reed, 489 U.S. 255, 262, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989). To demonstrate “cause” for his procedural default, Correll must justify his failure to comply with Florida’s procedural rules. In general, “the existence of cause for a procedural default must ordinarily turn on whether the prisoner can show that some objective factor external to the defense impeded ... efforts. to comply with the state procedural rules.” Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986). See Marek v. Singletary, 62 F.3d 1295, 1302 (11th Cir.1995). Even if he shows cause for his procedural default, Correll must show prejudice arising from the alleged constitutional error. A petitioner must show that he suffered actual prejudice, “not merely that the errors of the trial created a possibility of prejudice, but that they worked to his actual and substantial disadvantage, infecting his entire trial with error of constitutional dimensions.” United States v. Frady, 456 U.S. 152, 170, 102 S.Ct. 1584, 71 L.Ed.2d 816 (1982) (emphasis original). Accord Hollis v. Davis, 941 F.2d 1471, 1480 (11th Cir.1991). In essence, to show actual prejudice, Correll must demonstrate that the alleged error so infected the trial that his resulting conviction violates due process. As an alternative to showing “cause and prejudice,” Correll must show that dismissal of his procedurally defaulted ground will result in a “fundamental miscarriage of justice,” an especial difficulty because Correll must demonstrate “actual innocence” of the crime of conviction. See Smith v. Murray, 477 U.S. 527, 537, 106 S.Ct. 2661, 91 L.Ed.2d 434 (1986) (citing Murray v. Carrier, 477 U.S. at 496, 106 S.Ct. 2678). See also Engle v. Isaac, 456 U.S. 107, 134-35, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982), and Ward v. Cain, 53 F.3d 106, 108 (5th Cir.1995) (denying a certificate of probable cause) (holding that a petitioner must show “as a factual matter that he did not commit the crime of conviction.”). Additionally, to meet the “fundamental miscarriage of justice” exception, Correll must show constitutional error coupled with “new reliable evidence — whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence — that was not presented at trial.” Schlup v. Delo, 513 U.S. 298, 324, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). Ground XII Improper introduction of gruesome photographs deprived Mr. Correll of a fundamentally fair trial. The police processed a gory crime scene that contained the bodies of three adults and a little girl, each of whom was stabbed to.death. The testimony at trial revealed that the three adults each sustained at least fourteen stab wounds and that the little girl sustained ten stab wounds. Correll complains that “the State was permitted to introduce numerous photographs of the victims, including over 100 pictures of the victims at the crime scene and at the morgue.” Correll further complains about “the admission of numerous additional photographs of the blood spatter at the crime scene, notwithstanding the fact that 105 blood-stained items including sections of the walls of the house were also entered into evidence.” In a pre-trial hearing Correll successfully objected to many of the photographs and the prosecution also withdrew several items. In his brief on direct appeal, Correll specifically objects to only nine photographs from the crime scene and eight photographs from the medical examiner’s office. Correll I, 523 So.2d at 564 n. *, summarily rejected this ground without elaboration as one of ten grounds the court found “to be without merit .... ” Correll alleges that “[t]he prejudicial effect of this evidence outweighed its probative value; its introduction constituted constitutional error and denied Mr. Correll his fundamental right to a fair trial and sentencing.” The respondent correctly argues that this claim contests the trial court’s evidentiary ruling, which is a matter of state law and not a federal constitutional issue. A review of Correll’s brief on direct appeal (Respondent’s Exhibit XXXV, Point IV at 48) shows that, in presenting this ground to the state court; Correll argued only that the prejudicial effect outweighed the probative value and he failed to alert the state court that admitting the photographs and blood-stained items violated a constitutional right. As a consequence, Correll’s federal claim — that the “introduction constituted constitutional error and denied Mr. Correll his fundamental right to a fair trial and sentencing” — is both unexhausted and procedurally barred from federal review unless Correll can overcome the procedural default. See Anderson v. Harless, 459 U.S. at 6, 103 S.Ct. 276 (“[T]he habeas petitioner must have ‘fairly presented’ to the state courts the ‘substance’ of his federal habeas corpus claim.”); Picard v. Connor, 404 U.S. at 275, 92 S.Ct. 509 (“We emphasize that the federal claim must be fairly presented to the state courts.”). Correll presents no argument to overcome the procedural default. Consequently, ground XII is procedurally barred from federal review on the merits. Even if not barred, this ground lacks merit. Federal habeas corpus relief is generally not available for an error of state law. Pulley v. Harris, 465 U.S. 37, 104 S.Ct. 871, 79 L.Ed.2d 29 (1984); Wainwright v. Goode, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983). See also Estelle v. McGuire, 502 U.S. 62, 75, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991) (“Nor do our habeas powers allow us to reverse [a] conviction based on a belief that the trial judge incorrectly interpreted the” state’s evidence rules.). A federal court possesses only limited authority to review a state evidentiary ruling by habeas corpus. Burgett v. Texas, 389 U.S. 109, 113—14, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967). Rather, a federal court’s inquiry into a state evidentiary ruling is limited to an examination of whether the state violated a federally guaranteed right, Nordskog v. Wainwright, 546 F.2d 69, 72 (5th Cir.1977), such as the denial of fundamental fairness. Hall v. Wainwright, 733 F.2d 766, 770 (11th Cir.1984). “As a guideline for applying the criterion of fundamental fairness, the erroneous admission of prejudicial evidence can justify habeas corpus relief only if it is material in the sense of a crucial, highly significant factor.” Dickson v. Wainwright, 683 F.2d 348, 350 (11th Cir.1982) (citations omitted). The category of infraction that violates fundamental fairness is narrowly defined. Estelle v. McGuire, 502 U.S. at 73, 112 S.Ct. 475. For the most part, an evidentiary ruling simply raises no question of constitutional magnitude. A federal habeas petition may be entertained only on the ground that a petitioner is in custody in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a). A state’s interpretation of its own laws or rules provides no basis for federal habeas corpus relief, since no question of a constitutional nature is involved. Bronstein v. Wainwright, 646 F.2d 1048, 1050 (5th Cir.1981). State courts are the ultimate expositors of their own state’s laws, and federal courts entertaining petitions for writs of habeas corpus are bound by the construction placed on a state’s criminal statutes by the courts of the state except in extreme cases. Mendiola v. Estelle, 635 F.2d 487, 489 (5th Cir.1981). McCullough v. Singletary, 967 F.2d 530, 535-36 (11th Cir.1992), cert. denied, 507 U.S. 975, 113 S.Ct. 1423, 122 L.Ed.2d 792 (1993). Correll fails to show that the introduction of the photographs and bloodstained items violates his right to a fundamentally fair trial because the evidence against Correll is so overwhelming. Ground XIII Introduction of collateral crime evidence and evidence of “bad character” violated Mr. Correll’s right to a fair trial. Correll asserts that, “[ojver defense objection, the State introduced collateral crime evidence, namely Mr. Correll’s having previously punctured the tires of [his ex-wife]’s car.” Correll I, 523 So.2d at 566, establishes the following facts: Correll’s next point involves the admission of testimony that Correll had slashed Susan Correll’s tires some two years prior to the murders in light of evidence that on the night of the murders, the tires of the man Susan was then dating had been slashed outside the ABC Bar sometime after Correll had seen the two of them inside the bar. Before trial, the state filed a notice of intent to offer similar fact evidence, and a hearing was conducted. Defense counsel objected to the admission of this testimony on the ground that it was too remote in time to be relevant, but the trial court ruled it admissible as it went toward lack of mistake, identity and motive. A review of Correll’s brief on direct appeal (Respondent’s Exhibit XXXV, Point IX at 84) shows that, in presenting this ground to the state court, Correll argued only that the evidence violated Florida’s Williams rule, codified at Section 90.404, Florida Statutes, which precludes the admissibility of other crimes or wrongs if the “evidence is relevant solely to prove bad character or propensity.” Correll failed to alert the state court that admitting testimony about the earlier incident violated a constitutional right. As a consequence, Correll’s federal claim — that “Mr. Correll was denied his fundamental right to a fair trial when the State introduced irrelevant and prejudicial evidence” — is both unexhausted and procedurally barred from federal review unless Correll can overcome the procedural default. See Anderson v. Harless, 459 U.S. at 6, 103 S.Ct. 276 (“[T]he habeas petitioner must have ‘fairly presented’ to the state courts the ‘substance’ of his federal habeas corpus claim.”), and Picard v. Connor, 404 U.S. at 275, 92 S.Ct. 509 (“We emphasize that the federal claim must be fairly presented to the state courts.”). Correll presents no argument to overcome the procedural default.. Consequently, ground XIII is procedurally barred from federal review on the merits. Ground V(A) Trial counsel was rendered ineffective by court rulings in violation of the Sixth, Eighth, and Fourteenth Amendments [in the] Guilt-Innocence Phase. Correll maintained his innocence and presented the defense that someone else committed the murders. He speculated that the murders' were the result of Susan’s use of drugs. Correll challenges the trial court’s precluding the introduction of evidence about Susan’s alleged drug use. The prosecution filed a motion in limine (Respondent’s Exhibit XXVIII at 3944) to preclude testimony about Susan’s history of using drugs. In a pre-trial hearing, the trial court “reserv[ed] ruling on the motion in limine until such time as I have enough information concerning relevancy and the questions raised.” (Respondent’s Exhibit XVIII at 2187) ■ Consistent with the pre-trial ruling, during trial defense counsel requested a side-bar conference at which he announced his desire to cross-examine a witness about Susan’s pri- or drug use. The trial court rejected the request based on a lack of relevance. (Respondent’s Exhibit V at 542-44) Correll asserted this issue in his motion for post-conviction relief. The post-conviction court rejected the claim as one that “could have been raised on direct appeal.” Claim I, that counsel was rendered ineffective by judicial rulings and prosecutorial improprieties, is procedurally barred as it involves matters which either were or could and should have been raised on direct appeal. Clark v. State, 460 So.2d 886 (Fla.1994 [1984]); Mikenos [Mikenas] v. State, 460 So.2d 359 (Fla.1984). Although cast in the guise of ineffective assistance of counsel, this claim involves nothing more than a dispute over several of this court’s rulings at trial, two of which were raised on direct appeal ... and another which could have been raised on direct appeal (the preclusion from eliciting, on cross-examination of a state witness, the fact that Susan Correll smoked marijuana on the night -she was murdered). (Respondent’s Exhibit XXXVII, Claim I at 1-2) In affirming the post-conviction court’s decision, Correll II, 558 So.2d at 426 n. 6, applied the same reasoning for not reviewing the claim. The state court specifically found this claim proeedurally defaulted and declined addressing the merits of this claim. Correll presents no argument to overcome the procedural default. Consequently, ground V(A) is proeedurally barred from federal review on the merits. Ground VIII The cold, calculated, and premeditated aggravating circumstance was improperly applied in violation of the Eighth and Fourteenth Amendments. Ground IX The heinous, atrocious, or cruel aggravating circumstance was improperly applied in violation of the Eighth and Fourteenth Amendments. Correll challenges the application of both the “cold, calculated, and premeditated” (“CCP”) aggravating circumstance (ground VIII) and the “heinous, atrocious, or cruel” (“HAC”) aggravating circumstance (ground IX). Correll’s ground VTII consists of a single paragraph less than a half-page long and ground IX consists of two paragraphs less than a page long. Correll admits that both grounds are procedurally barred. These two grounds are addressed jointly because Correll conflates his arguments for these separate aggravating circumstances. A. CCP: Correll contends that the CCP aggravating circumstance is unconstitutionally vague and that the trial judge improperly applied the aggravator. Correll never alleged, either at trial or on direct appeal, that the CCP aggravating circumstance was unconstitutionally vague. Although he asserted his vagueness challenge in the state post-conviction proceeding, Correll concedes that the post-conviction court rejected the vagueness claim as proeedurally barred. The respondent concurs stating, “This claim is proeedurally defaulted for habeas'purposes because it was not raised on direct appeal from Correll’s convictions and sentences.” (Response at 51, Doc. 120) Correll offers no rebuttal in his reply. (Doc. 123) In his Rule 3.850 motion to vacate, Correll asserted his “improperly applied” challenge to the CCP aggravating circumstance, which challenge was rejected by the post-conviction court as proeedurally barred (Respondent’s Exhibit XXXVII at 11-12): Claim XVIII, that the cold, calculated, and premeditated aggravating factor was improperly applied is proeedurally barred as it should have been raised on direct appeal. Henderson v. Dugger, 522 So.2d 835 (Fla.1988). Recent decisions of the Florida Supreme Court that this factor involves a careful plan or prearranged design do not represent a change in the law. Eutzy v. State, 541 So.2d 1143 (Fla.1989). This court finds that upon eliminating this aggravating factor and re-weighing the aggravating and mitigating factors it would still impose a sentence of death for the murder of Tuesday. Correll II, 558 So.2d at 426-27 n. 6, agreed with the post-conviction court that Correll should have raised this claim on direct appeal. As a consequence, Correll’s ground VIII is procedurally barred from federal review on the merits. B. HAC: Correll asserts two challenges to the HAC aggravating circumstance. First, he contends that the HAC aggravating circumstance “is unconstitutionally vague.” Correll never alleged, either at trial or on direct appeal or post-conviction, that the HAC aggravating circumstance was unconstitutionally vague. As a consequence, a challenge to the HAC aggravating circumstance based on vagueness is both unexhausted and procedurally barred. Correll’s second contention is that “[t]he trial court improperly found the HAC aggravating circumstance, as the State did not prove its existence beyond a reasonable doubt.” Citing the post-conviction proceedings, Correll concedes that this claim was rejected as procedurally barred. The respondent concurs stating, “This claim is procedurally defaulted for habeas purposes because it was not raised on direct appeal.” (Response at 52, Doc. 120) Correll offers no rebuftal in his reply. (Doc. 128) The “insufficiency-of-the-evidence” argument, which Correll presents in a single, cursory sentence, is not procedurally barred. In his initial brief on direct appeal (Respondent’s Exhibit XXXV at 144-46), Correll specifically challenged the trial court’s finding the HAC aggravating circumstance as applied to Susan, Tuesday, and Mrs.' Hines. The answer brief (Respondent’s Exhibit XXXV) supports the validity of the HAC aggravating circumstance as applied to Susan (pp. 181-33), Tuesday (pp. 145-46), and Mrs. Hines (pp. 150-53). Correll I, 523 So.2d at 568, summarily rejected the insufficieney-of-the-evidence argument stating, “We also find no error with respect to the rest of the aggravating factors and the lack of mitigating factors.” Neither Correll nor the respondent recognizes that this “insufficiency-of-the-evidence” challenge to the HAC aggravating circumstance is not procedurally barred. Nevertheless, Correll is entitled to no relief because the state’s evidence was more than sufficient to prove the HAC aggravating circumstance as applied to his murdering Susan (his ex-wife), Tuesday (his little five-year-old daughter), and Mrs. Hines (his ex-mother-in-law). C. CCP and HAC: Correll alleges that both the CCP and the HAC aggravating circumstances are based.on improper jury instructions and counsel’s ineffectiveness. Both allegations are procedurally barred. Correll alleges that the jury was improperly instructed on both the CCP and the HAC aggravating circumstances. On direct appeal Correll asserted a challenge to neither the CCP nor the HAC jury instructions. The post-conviction court determined that Correl’s jury instruction challenge was procedurally barred- (Respondent’s Exhibit XXXVII at 11): Claim XVII, that Correll’s sentencing jury was improperly instructed on the especially heinous, atrocious, or cruel aggravating factor, is procedurally barred as it should have been raised on direct appeal. Adams v. State, 543 So.2d 1244 (Fla.1989); Marich [Harich] v. State, 542 So.2d 980 (Fla.1989). In any event, the claim is without merit as Maynard, supra, does not affect Florida’s sentencing procedure. Clark, supra; Smalley v. State, 546 So.2d 720 (Fla.1989); Smith, supra. This court finds that upon eliminating this aggravating factor and re-weighing the aggravating and mitigating factors it would still impose a sentence of death for the murders of Susan Correll, Tuesday Correll, and [Mrs.] Hines. Correll II, 558 So.2d at 426-27 n. 6, agreed with the post-conviction court that Correll should have raised his jury instruction claim on direct appeal. As a consequence, Correll’s challenge to both the CCP and the HAC jury instruction is procedurally barred from federal review on the merits. Ground IX also contains a cursory allegation of ineffective assistance of counsel for not challenging both the CCP (ground VIII) and the HAC (ground IX) aggravating circumstances (Third Amended Petition at 49 Doc. 119): The jury’s death recommendations in Mr. Correll’s case were tainted by Eighth Amendment error because the jury received constitutionally inadequate instructions regarding the cold, calculated, and premeditated aggravating factor and the heinous, atrocious or.cruel aggravating factor. Godfrey v. Georgia, 446 U.S. 420[, 100 S.Ct. 1759, 64 L.Ed.2d 398] (1980); Furman v. Georgia, 408 U.S. 238[, 92 S.Ct. 2726, 33 L.Ed.2d 346] (1972); Shell v. Mississippi, 498 U.S. 1[, 111 S.Ct. 313, 112 L.Ed.2d 1] (1990). Any failure by trial or appellate counsel to preserve and raise these fundamental issues constitutes ineffective assistance of counsel. Counsel is ineffective when she fails to challenge the legality of an aggravating circumstance being used to enhance a sentence. Starr v. Lockhart, 23 F.3d 1280 (8th Cir.1994), cert. denied, 513 U.S. 995, 115 S.Ct. 499, 130 L.Ed.2d 409 (1994). In his Rule 3.850 motion to vacate Correll never asserted that trial counsel rendered ineffective assistance by not. challenging either the CCP or the HAC aggravating circumstances. (Respondent’s Exhibit XXXVII at 229-46(HAC) and at 246-259(CCP)) In his state petition for extraordinary relief in the Florida Supreme Court under Rules 9.030(a)(3) and 9.100(a), Florida Rules of Appellate Procedure (Respondent’s Exhibit XXXVIII), Correll never asserted that appellate counsel rendered ineffective assistance by not challenging either the CCP or the HAC aggravating circumstances. (Respondent’s Exhibit XXXVTII at 84-101(HAC) and at 101-15(CCP)) Correll concedes that these claims were “deemed procedurally barred.” Correll presents no argument to overcome the procedural bar. Additionally, even if Correll could both overcome the procedural bar and prevail on his challenges to the CCP and HAC aggravating circumstances, Correll would gain no relief because, in the 1990 order denying Correll’s Rule 3.850 motion to vacate, the post-conviction court specifically re-weighed the remaining aggravating and mitigating circumstances and determined that Correll would still receive a sentence of death for each victim. See Clemons v. Mississippi, 494 U.S. 738, 744-49, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990) (permitting the re-weighing of aggravating and mitigating circumstances after determining that an invalid aggravating circumstance was considered when the death sentence was imposed). Ground XV Mr. Correll was denied a fair trial and sentencing due to presentation of false or misleading evidence and trial counsel’s ineffectiveness in failing] to investigate. The prosecution presented the testimony of Judith Bunker, an employee of the Orange County Medical Examiner’s Office. The trial court accepted Ms. Bunker as an expert witness for blood spatter analysis. Correll alleges that newly discovered evidence reveals that the expert witness misrepresented her educational background. This Section 2254 petition was stayed and administratively closed while Correll presented his newly-discovered evidence to the state court in another Rule 3.850 motion to vacate, which claim Correll III rejected. In addition to challenging the qualification of the expert witness, ground XV alleges that trial counsel rendered ineffective assistance by not properly investigating the expert witness’s background. Correll never presented the ineffectiveness claim to the state court. Neither the second Rule 3.850 motion to vacate (Respondent’s Exhibit XXXIX) nor the transcript of the hearing (Id.) nor Correll’s initial brief on appeal (Respondent’s Exhibit XL) nor Correll III asserts or addresses an allegation that trial counsel rendered ineffective assistance for not investigating Ms. Bunker’s educational background. As a consequence, Correll’s ineffective assistance of counsel claim is both unexhausted and procedurally barred from federal review unless Correll can overcome the procedural default. See Anderson v. Harless, 459 U.S. at 6, 103 S.Ct. 276 (“[T]he habeas petitioner must have ‘fairly presented’ to the state courts the ‘substance’ of his federal habeas corpus claim.”), and Picard v. Connor, 404 U.S. at 275, 92 S.Ct. 509 (“We emphasize that the federal claim must be fairly presented to the state courts.”). Correll presents no argument to overcome the procedural default. Consequently, this component of ground XV is procedurally barred from federal review on the merits. IV. STANDARD OF REVIEW This federal action began in July, 1990, when Correll ■ petitioned for the writ of habeas corpus. Because this action began before April 24, 1996, this action is not controlled by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AED-PA”). Instead this petition is reviewed under pre-AEDPA law. Lindh v. Murphy, 521 U.S. 320, 336, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); Mincey v. Head, 206 F.3d 1106, 1131 (11th Cir.2000), cert. denied 532 U.S. 926, 121 S.Ct. 1369, 149 L.Ed.2d 297 (2001). As a consequence, the deference now routinely accorded a state court’s decision is inapplicable. Instead, Correll is entitled to a de novo review of the state courts’ decisions on both questions of law and mixed questions of law and fact, Mincey, 206 F.3d at 1131, but not for findings of fact. Even though this action is controlled by pre-AEDPA law, Correll faces a substantial obstacle to overcome the state courts’ findings of fact, which are entitled to a presumption of correctness. The state court’s factual findings are generally entitled to a presumption of correctness and may be ignored only if the petitioner shows by clear and convincing evidence that the state court’s determination was not “ ‘fairly supported by the record.’ ” Griffin v. Wainwright, 760 F.2d 1505, 1511 (11th Cir.1985) (quoting pre-AEDPA § 2254(d)). This presumption is equally applicable to state appellate court findings of fact. See, e.g., Sumner v. Mata, 449 U.S. 539, 549, 101 S.Ct. 764, 770, 66 L.Ed.2d 722 (1981). Johnson v. Alabama, 256 F.3d 1156 (11th Cir.2001), cert. denied sub nom, Johnson v. Nagle, 535 U.S. 926, 122 S.Ct. 1295, 152 L.Ed.2d 208 (2002). See also Marshall v. Lonberger, 459 U.S. 422, 432, 103 S.Ct. 843, 74 L.Ed.2d 646 (1983) (“This deference requires that a federal habeas corpus court more than simply disagree with the state court before rejecting its factual determinations. Instead, it must conclude that the state court’s findings lacked even ‘fair support’ in the record.”). Even though this action is controlled by pre-AEDPA law, the review of each direct appeal claim is governed by the “legal landscape” of 1988, when Correll I issued, and each ineffective assistance of counsel claim is governed by the “legal landscape” of 1990, when Correll II issued. Lambrix v. Singletary, 520 U.S. 518, 527, 117 S.Ct. 1517, 137 L.Ed.2d 771 (1997) (“Lambrix’s conviction became final on November 24, 1986, when his time for filing a petition for certiorari expired. Thus, our first and principal task is to survey the legal landscape as of that date .... ”). Additionally, pre-AEDPA law governs whether an evidentiary hearing is required, as Correll requests. Even under pre-AEDPA law a petitioner is not always entitled to an evidentiary hearing. Atkins v. Singletary, 965 F.2d 952, 957-58 (11th Cir.1992), cert. denied, 515 U.S. 1165, 115 S.Ct. 2624, 132 L.Ed.2d 865 (1995), teaches that an evidentiary hearing is unnecessary if the petitioner’s allegations lack merit. Atkins argues that, under Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977), the district court was required to hold an evidentiary hearing to give Atkins an opportunity to prove his claims. We do not think so. “A petitioner is entitled to an evidentiary hearing if he alleges facts which, if true, would warrant habeas relief.” Tejada v. Dugger, 941 F.2d 1551, 1559 (11th Cir.1991), cert. denied 502 U.S. 1105, 112 S.Ct. 1199, 117 L.Ed.2d 439 (1992). And we must accept as true the factual assertions made by a habeas petitioner when determining whether an evidentiary hearing is required. See, e.g., Smelcher v. Attorney General of Alabama, 947 F.2d 1472, 1478 (11th Cir.1991); Agan v. Dugger, 835 F.2d 1337, 1338 (11th Cir.1987). But after reviewing Atkins’ allegations and accepting as true his factual allegations, we conclude that he would be due no relief and, therefore, that Atkins is entitled to no evidentiary hearing. See also Strickland v. Washington, 466 U.S. at 700, 104 S.Ct. 2052 (“The state courts properly concluded that the ineffectiveness claim was meritless without holding an evidentiary hearing.”). Even after considering his asserted new evidence, Correll’s allegations lack merit. Consequently, no evidentiary hearing is required. Although the deference accorded state court decisions under the AEDPA is inapplicable, the discussion of each ground commences with the state court’s analysis, which, although not controlling, is instructional. V. PRE-TRIAL GROUND Ground XI The trial court failed to excuse for cause venire members Beiler and Cullen in violation of the Sixth, Eighth, and Fourteenth Amendments. Correll alleges that two members of the jury venire, Ms. Beiler and Ms. Cullen, were each unsuitable to serve as a juror because of their responses during voir dire. Correll complains “that veniremember Beiler responded ‘that without a doubt’ she would have difficulty voting for life if Mr. Correll was found guilty of murder.” Correll complains that “venireperson Cullen also indicated she would ‘probably find it difficult to vote for life.” Neither Beiler nor Cullen were stricken for cause. Correll argues that “[b]ecause the views expressed by Beiler and Cullen prevented and substantially impaired their ability to be fair and impartial, they should have been stricken for cause.” “[T]he standard for determining whether prospective jurors may be excluded for cause based on their views on capital punishment ... is ‘whether the juror’s views would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ ” Gray v. Mississippi 481 U.S. 648, 658, 107 S.Ct. 2045, 95 L.Ed.2d 622 (1987), quoting Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985). A reviewing court must consider a prospective juror’s voir dire responses based on the entire voir dire and not based on an isolated question. See, e.g., Owen v. Fla. Dep’t of Corr., 686 F.3d 1181, 1198-1201 (11th Cir.2012) (reviewing responses by a member of the venire based on each member’s voir dire as a whole — regarding whether they could impose a sentence of death — and not based on the member’s response to one question). The voir dire of Beiler, in proper context, is as follows (Respondent’s Exhibit I at 80-83): [Defense Counsel]: The Judge is going to instruct you on the different aggravating factors and on mitigating factors and on the burden of proof, and he’s then going to have you decide whether the death penalty should be considered or not. Do you think that you could— you would find it difficult to vote for life after [being] given those instructions from the Court? Ms. Beiler: For life? [Def