Full opinion text
HULL, Circuit Judge: Darrell Grayson appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus in his capital case. In June 1982, Darrell Grayson was convicted of the capital murder of an elderly widow and sentenced to death in the Circuit Court of Shelby County, Alabama. Pursuant to 28 U.S.C. § 2253, the district court granted a Certificate of Appealability with respect to certain issues in Grayson’s § 2254 petition. After review and oral argument, we affirm the denial of Grayson’s § 2254 petition. I. BACKGROUND The judge who sentenced Grayson to death found these facts regarding Gray-son’s crime: Mrs. Annie Laura Orr was an eighty-six (86) year old widow who lived alone in her house in Montevallo, Alabama. At the time of her death, she stood about five feet three inches tall, and weighted [sic] some one-hundred seventeen pounds. Her granddaughter visited her during the day of December 23rd, 1980, and found her appearing to be in good health, ambulatory, and in possession of her mental faculties. Her personal physician, Dr. Lewis Kirkland, described her as being in good health for a woman of her age. During the evening hours of December 23rd, 1980, the Defendant Darrell Grayson, Co-defendant Victor Kennedy, and two other individuals, met at Kennedy’s residence, also in Montevallo, and a short distance from that of Mrs. Orr. They drank wine and played cards. Sometime shortly after midnight, and after the other individuals had gone, Kennedy and Grayson left Kennedy’s house on foot, walking in the direction of Mrs. Orr’s house. They were armed with a .38 Caliber handgun, which belonged to Kennedy. They decided to burglarize Mrs. Orr’s residence in order to get some money. They had previously discussed such a burglary, that Mrs. Orr was elderly, and where she kept her money. They entered the Orr house during the very early morning hours of Decern-ber 24th, 1980, through a rear basement door. They then proceeded through the dirt basement, up several steps, and into the main living portion of the house near Mrs. Orr’s bedroom. The Defendants used a flashlight to illuminate their way. Once inside the living portion of the house they entered Mrs. Orr’s bedroom where she was apparently sleeping. They subdued and beat her, striking her in the head with a blunt instrument and breaking several of her ribs. Darrell Grayson then placed a pillowcase over her head and wrapped two relatively long lengths of masking tape very tightly around her head so that when they were finished he[r] head then appeared to be that of a mummy. They then proceeded to look for money and other valuables. When apparently they could not find a significant amount of cash, the[y] began threatening Mrs. Orr by beating her further, threatening to drown her, and firing two shots from Kennedy’s pistol, into her bedroom block and wall. Also during their assault, they raped Mrs. Orr repeatedly. Darrell Grayson said he didn’t want to rape Mrs. Orr but that he did so twice. Mrs. Orr lived through the assault of being raped, beaten, threatened, unable to see or adequately breathe, and begging her assailants not to hurt her but to take the money and leave, for a considerable period of time. She then died. A. Grayson’s Arrest Around nine a.m. on December 24, 1980, Dr. Milton Orr discovered the dead body of his 86-year-old mother, Mrs. Annie Laura Orr, in the bedroom of her home in the small community of Montevallo, Alabama. He called law enforcement and a doctor. Law enforcement officers (“officers”) discovered a trail of playing cards, that matched cards found inside Mrs. Orr’s home, leading away from the crime scene in the direction of the home of Victor Kennedy, a known burglar. Captain Reed Smith, one of the officers investigating the crime, had worked on a burglary involving Kennedy approximately six weeks earlier that “went along the same route.” Another officer had arrested Kennedy fifteen or sixteen times prior to Mrs. Orr’s murder and was familiar generally with the Gray-son family. Officers knew that Kennedy and Grayson were friends and had been seen together the previous night. Officers were aware that Grayson had worked for Mrs. Orr previously and that he was familiar with her residence. Therefore, in the early afternoon of December 24, officers began looking for Grayson. Officers found him near his home “squatting in the bushes” in a wooded area and took him into custody. Following his arrest, Gray-son confessed. In addition, officers recovered Mrs. Orr’s wedding rings from Gray-son’s wallet and obtained physical evidence from Grayson linking him to the crime. B. Grayson’s Confessions After Grayson was taken into custody on the afternoon of December 24, Grayson gave a series of statements. Before each statement, the officers informed Grayson of his Miranda rights. When Grayson was first taken into custody, Sergeant John Pratt advised Grayson of his Miranda rights and told Grayson that he would sit down and talk with him at police headquarters regarding the death of Mrs. Orr the previous evening. Pratt informed Grayson that he should think carefully about the previous evening in order to participate in that conversation. In what has been characterized as his first statement, Grayson responded by stating something like “Yes sir, I understand what you are talking about.” Approximately one hour after Grayson was transported to the police department, Pratt and Chief Troy Kirkland questioned him regarding the death of Mrs. Orr after advising him of his Miranda rights a second time and obtaining his signature on a Notification of Rights form. During that interview, Grayson told the officers that he had performed yard work for Mrs. Orr in the past, was familiar with her house, and had entered her home with Victor Kennedy in the early morning hours of December 24. He admitted that they had awakened Mrs. Orr and had repeatedly raped her in the course of searching the house for valuables. After taking what money and valuables they could find, Grayson and Kennedy left Mrs. Orr on her bed and left the house. Within thirty minutes of this interview, Grayson orally waived his Miranda rights a third time. The officers then conducted another interview and tape recorded Gray-son’s story about the rape and burglary. Grayson repeated the account of the crime previously given to officers. Although he admitted that he had known where to look for money in Mrs. Orr’s house as a result of doing work for her in the past, Grayson claimed that both the burglary and rape were Kennedy’s ideas. Grayson explained that he and Kennedy had consumed several gallons of wine the preceding evening. Two days later, on the afternoon of December 26, Grayson gave another recorded statement to Captain Reed Smith. After again signing a Notification of Rights form waiving his Miranda rights and expressing his willingness to speak with the police without a lawyer, Grayson gave another account of the crime. Grayson explained that he and Kennedy had been planning for a couple of weeks to rob Mrs. Orr to get money for Christmas. Grayson said that Mrs. Orr was selected as a target because he had worked for her and was familiar with her house and where she kept money. Grayson stated that Mrs. Orr had begged them not to hurt her and told them to take her money. Grayson explained that he had taped a pillowcase over Mrs. Orr’s face to prevent her from recognizing him, although he stated that he did not think Mrs. Orr would recognize him since it had been years since he had worked for her. After he taped the pillow case over her head, Grayson could not understand what she was saying and that her words sounded like mumbling. He described both Kennedy and himself raping Mrs. Orr repeatedly and their unsuccessful search for money and other valuables. He admitted that he had taken Mrs. Orr from her bedroom into the bathroom at one point during the crime and had returned with her to the bedroom and raped her again. He stated that he could not remember why he took her to the bathroom or what transpired there. Grayson stated that Kennedy urged him repeatedly to leave the house while he was raping Mrs. Orr and that he left Mrs. Orr on her bed with the pillowcase taped over her head and face and exited the house. C. Grayson’s Motion to Suppress Confessions Attorney Richard Bell was appointed to defend Grayson, who entered a plea of not guilty and not guilty by reason of insanity. Prior to trial, Bell moved to suppress Grayson’s confessions. Bell argued that they were given without a knowing and intelligent waiver of his right to counsel because Grayson: (1) was “extremely intoxicated and unable to comprehend or understand the implications raised by the admissions” at the time; (2) was “a person with an extremely limited education who could not possibly be expected to understand the implications raised by the admissions”; and (3) made the statements “as the result of promises of probation, lighter sentence, or benefit ... by the fact of his admitting certain facts.” The trial court held an evidentiary hearing on the motion to suppress. Sergeant Pratt testified that he administered full Miranda warnings to Grayson prior to all four interviews, in which he specifically advised Grayson: (1) that he had the right to remain silent; (2) that anything he said could and would be used against him in a court of law; (3) that he had a right to talk to an attorney and have an attorney present while he was being questioned; (4) that a lawyer would be appointed to represent him before any questioning if he could not afford one; and (5) that he had the right to stop answering questions at any time if he wished to have a lawyer present. Pratt testified that no officer had made any promises, threats, or inducements of any kind to Grayson. Grayson told Pratt that he understood his rights and wished to waive them and talk to the police. Pratt explained that Grayson had manifested his understanding of his rights and his desire to speak to police without a lawyer by signing a Miranda waiver form on December 24 prior to giving his statements. With respect to Grayson’s demeanor during the interviews, Pratt testified that he did not smell alcohol on Grayson or see any other indications of alcohol or drug use. Grayson was not slurring his speech. The only time that Pratt experienced difficulty understanding Grayson was when Grayson lowered his head and talked “straight to the floor.” Pratt testified that there were no alcohol or drug tests performed on Grayson on the date of his arrest despite Grayson’s statements that he had consumed gallons of wine the night before. Pratt described Grayson’s general demeanor as “normal,” although he admitted that Grayson appeared nervous a few times and became fidgety. Captain Smith also testified about Gray-son’s statement on December 26. Prior to that interview, Grayson had been fully advised of his Miranda rights and had manifested his desire to talk to the police without a lawyer present. Like Pratt, Smith testified that no threats, promises or inducements of any kind were made to Gray-son and that Grayson never indicated that he wanted to talk to family members or anyone else. Counsel for the State also introduced the transcripts of the third and fourth tape recorded interviews into evidence at the suppression hearing. The trial court found that Grayson gave his statements after knowingly and voluntarily waiving his constitutional rights. At trial, the court again ruled the statements voluntary and admissible and admitted them during the State’s case-in-chief. During the past twenty years, Grayson has never recanted his confessions. D. Motion for Funds to Hire Expert Witnesses Prior to trial, Bell also filed a motion for funds to hire expert witnesses. Specifically, counsel claimed that expert assistance was necessary to refute and cross-examine the findings of the State’s (a) forensic pathologist who performed the Orr autopsy and (b) serology expert who examined blood and sperm samples taken from the crime scene. The trial court granted the motion, allowing up to Alabama’s $500 statutory limit for expert funds. E. Bryce Hospital Evaluation On a defense motion for an evaluation, the trial court ordered that the supervisor of Bryce Hospital, an Alabama state hospital, be appointed to examine Grayson to determine: (1) his sanity; (2) his ability to consult with his attorney with a reasonable degree of rational understanding; (3) his understanding of the nature of the charges against him; (4) whether he was suffering from a mental disease or defect at the time of the crime; and (5) whether he lacked the substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. The examination generated reports and observations from the Bryce Hospital staff which the court released to the State and Grayson. These reports concluded that Grayson had average intelligence with a full-scale IQ score of 92, and that his criminal activity was “not viewed as being the product of a mental disease, defect, or derangement.” Although the reports concluded that Grayson was an alcoholic with dependent traits, they found no suggestion of organic impairment. Neither the State nor the defense introduced any evidence regarding the Bryce Hospital evaluation at trial. F.The State’s Evidence At trial, the officers described the crime scene and the physical evidence collected from Mrs. Orr’s home and the surrounding areas, aided by numerous photographs and other pieces of physical evidence. Officers testified about the trail of playing cards which matched cards found in Mrs. Orr’s home and in Kennedy’s bedroom. They recounted the circumstances leading to Grayson’s arrest and the subsequent recovery of a bloody shirt belonging to Gray-son in the woods near his home. The transcripts of Grayson’s confessions were also admitted into evidence. Although the State presented expert testimony regarding the crime scene, most of that evidence was inconclusive as to the identity of the perpetrator of the killing. The State’s fingerprint expert testified about the lifting and analysis of latent fingerprints found both at Mrs. Orr’s home and on evidence found close to the scene of the crime. The fingerprint expert explained that the' latent fingerprints were insufficient to allow for fingerprint analysis. The State’s trace evidence expert testified regarding the comparison of hairs recovered from the crime scene with hairs taken from Grayson and Kennedy. The expert explained that several hairs recovered from the scene had “negroid” characteristics consistent with the head hair of both Kennedy and Grayson and inconsistent with the victim’s hair. The expert clarified, however, that the hairs recovered from the scene were too small to allow for an individual comparison of them with hair samples taken from Grayson and Kennedy. Thus, the expert did not attribute the hairs recovered from the scene to either Gray-son or Kennedy specifically. The trace evidence expert also testified about a hair recovered from Grayson’s sock following his arrest. He explained that the hair was inconsistent with Grayson’s hair and consistent with the victim’s head hair. Although the hair was consistent with Mrs. Orr’s, the expert could not opine that the hair was hers. The State’s ballistics expert testified regarding two bullets found at the crime scene. One was wedged into the wall separating the victim’s bedroom from her bathroom and one was recovered from the floor in her bedroom. The ballistics expert opined that both bullets were of the .38 caliber size and were fired from the same weapon, likely a .38 or .357 Smith and Wesson revolver. The ballistics expert also testified concerning the pieces of the shattered clock recovered from the crime scene and opined that the hole that penetrated the clock was consistent with a .38 bullet fired at a slight angle. The State’s serology expert also testified and explained that bloodstains found on a pillowcase and a bed spread in Mrs. Orr’s bedroom could not be typed. Urine and semen stains found on a bed sheet recovered from Mrs. Orr’s bathroom also could not be typed. The expert testified that he was able to type the bloodstains on Gray-son’s shirt recovered from the woods near his house and that the type 0 bloodstain could not have come from Grayson, whose blood type was type B. The expert testified that the type 0 bloodstain could have come from either Kennedy or Mrs. Orr, both of whom had type 0 blood. Finally, the serology expert testified that a large blood and semen stain on Mrs. Orr’s nightgown was type B, which was consistent with Grayson’s blood type and inconsistent with Kennedy’s. The State also called the autopsy doctor, who testified that Mrs. Orr had died of asphyxiation as a result of the pillow case taped tightly over her face and that her injuries were consistent with a sexual assault. The doctor described the many injuries on Mrs. Orr’s body with the aid of numerous photographs. He testified that Mrs. Orr was severely bruised on her chest, arms, legs, and genital area as a result of blunt force. She also had a laceration on her forehead and five broken ribs. G. Defense at Trial In his opening statement, defense counsel Bell asked that the jury consider the case rationally and not be unduly swayed by the emotional nature of the case. Counsel promised the jury that the defense would not lie to them throughout the case. During the bulk of the State’s evidence regarding the crime scene and the evidence collected at Mrs. Orr’s house, defense counsel conducted little cross-examination. Most of that evidence did not implicate any specific individual in the killing. Defense counsel fully cross-examined the autopsy doctor. In response to the litany of injuries described by the doctor, defense counsel inquired whether those injuries contributed to Mrs. Orr’s death or were in any way “life-endangering injuries.” The doctor conceded that Mrs. Orr’s injuries had not contributed to the death by asphyxiation and were not individually life threatening. In addition, defense counsel questioned the doctor about the pillow case taped around Mrs. Orr’s head. The doctor admitted that Mrs. Orr was able to receive some air through the pillow case and that Mrs. Orr’s bodily fluids may have filled the pores of the pillow case fabric and caused the air flow to be diminished over time. Further, in response to defense counsel’s questioning, the doctor admitted that there was no physical evidence that Mrs. Orr’s hands had been bound at any time to prevent her from removing the pillowcase. Defense counsel emphasized on cross-examination that the autopsy doctor had been able to remove the pillowcase over the top of Mrs. Orr’s head without loosening or cutting the masking tape that held it. Finally, defense counsel explored with the doctor a possible connection between Mrs. Orr’s arteriosclerotic disease and her death by suffocation. Defense counsel also cross-examined the State’s ballistics expert and asked him whether the police had given him a gun that matched up with the bullets recovered from the scene. The expert responded in the negative. On cross-examination of the State’s serology expert with respect to the type B semen stain on Mrs. Orr’s nightgown, defense counsel focused on the fact that Grayson was a “non-secretor” who ordinarily would not secrete his blood type into bodily fluids in detectable amounts. Counsel further noted that the semen tested on the nightgown was mixed evenly with blood which could have produced the type B reading. Counsel also continued to object to the admission of Grayson’s confessions on the basis of voluntariness throughout the trial. Defense counsel called four witnesses: (1) Grayson; (2) Grayson’s mother; (3) Grayson’s sister; and (4) Sheriff Glasgow. Defense counsel walked Grayson through the events of the day and evening preceding Mrs. Orr’s death. ' Counsel asked Grayson about the amount of alcohol he purchased and consumed and emphasized Grayson’s repeated trips to buy alcohol and his consumption of large amounts of wine right out of the bottle for several hours immediately preceding the crime. Counsel established that Grayson and Kennedy had shared three one-fifths of wine, one gallon of wine, and a half-case of beer between one or two p.m. and approximately midnight when they left to rob Mrs. Orr. Grayson testified that Kennedy needed money, suggested that they rob somebody, and had “spotted” the Orr house. In walking through the crime itself, Grayson repeatedly explained that he had shared in gallons of alcohol that night and could not independently recall many of the specific events that transpired. Grayson testified that he could not recall how he and Kennedy had entered Mrs. Orr’s home. He could not recall beating or hitting Mrs. Orr or taking her into the bathroom. Grayson also did not recall taking Mrs. Orr’s wedding rings from her home or placing them in his wallet. He had no recollection of the rings when Sheriff Glasgow located them in Grayson’s wallet the next day. Grayson admitted raping Mrs. Orr, but explained that he was reluctant to do so and committed that act only at Kennedy’s urging. He admitted hearing something that sounded like a “muffled” gun shot, but testified that he did not know whether any shots actually had been fired. Grayson left the house at Kennedy’s urging while Grayson was still searching for valuables. Counsel specifically asked Grayson why he had taped a pillowcase over Mrs. Orr’s head and face and Grayson testified that he did this to keep from being identified. Grayson testified that Mrs. Orr was breathing and alive when they left the house because he heard her “making moaning noises like she was trying to say something.” Finally, counsel directly asked Grayson if he had gone to Mrs. Orr’s house to murder her, to which Gray-son responded, “No sir.” Grayson testified that he completely forgot committing the crime the next morning until his mother told him of Mrs. Orr’s killing. He explained that he hid the bloodstained shirt he had been wearing the night before in the woods after recalling his involvement in the crime. When probed on cross-examination, Grayson testified that he had been drinking heavily and that he doesn’t remember when he drinks. Although admitting that he was sufficiently in possession of his faculties to walk, talk, and have sexual intercourse, Grayson continued to insist that he committed the crime due to the alcohol he had consumed. He explained that he “was very bad with alcohol” and that it was not uncommon for him to drink. Grayson admitted that he knew at the time that it was wrong for him to be in Mrs. Orr’s house, however. Grayson further testified that he had told officers things in his statements that he really didn’t remember based upon their suggestions of what Kennedy had said about the events that transpired. Grayson denied knowing that Kennedy was carrying a gun on the night of the killing until Kennedy pulled the gun out in Mrs. Orr’s house. Grayson admitted that he and Kennedy had been planning a robbery for at least a week and that Mrs. Orr’s house was chosen because Grayson had worked for her and knew her house and where she had kept money. He admitted that he had raped Mrs. Orr at least once. Grayson also admitted that he had wrapped the pillowcase and tape around Mrs. Orr’s head despite the fact that he had not worked for her in two years and did not believe she would be able to recognize him. He conceded that he had been the last one in Mrs. Orr’s room and that he had not loosened the pillowcase before leaving the house. Grayson also admitted that Mrs. Orr had never done him any harm and specifically stated that “[s]he was very nice to me.” Defense counsel next called Grayson’s mother, who testified that she had informed all of her children, including Gray-son, of Mrs. Orr’s death after receiving a phone call telling her of the crime. Gray-son’s sister testified that she was present when her mother shared the news and that Grayson made some remark like “how could anybody do something like that to an old woman.” Sheriff Glasgow confirmed that Grayson had expressed surprise when Glasgow removed Mrs. Orr’s wedding rings from Grayson’s wallet and that Gray-son had stated that he had never seen them before. The defense then rested. H. Closing Arguments The State’s closing argument urged the jury to return a verdict of capital murder, contending that the evidence showed that Grayson intentionally killed Mrs. Orr during the course of the rape and robbery. They argued that Grayson was sober enough to walk, talk, rape, pillage the house for valuables, and walk home of his own accord. Thus, his intoxication was no defense. The State challenged Grayson’s claims that he only wrapped the pillowcase around Mrs. Orr’s head to prevent her from identifying him. If he had truly wanted to prevent identification, he could have covered his own head or simply her eyes and not tightly bound her head with a pillowcase and masking tape like a mummy. According to the State, it was obvious that no one could breathe with a head cover like the one used by Grayson. Thus, the State claimed the evidence showed Grayson’s intent to kill Mrs. Orr. Under Alabama law, the State had to convict Grayson of capital murder to obtain a death sentence. Capital murder required an “intentional” killing, whereas the lesser included offense of felony murder did not. Because Grayson had confessed to his involvement in Mrs. Orr’s death, defense counsel focused in closing argument on Grayson’s lack of intent to kill Mrs. Orr during the burglary, arguing that he was innocent of capital murder. Thus, at the inception of his closing, defense counsel conceded that Grayson fully expected a guilty verdict in the case on some charge, but emphasized that the key question in the case was one of “intent.” Defense counsel spoke at length about the evidence regarding Grayson’s intent on the night of the killing. Defense counsel focused the jury on his cross-examination of the autopsy doctor and the medical evidence that suggested an unintentional killing. In arguing the lack of specific intent, defense counsel made references to Gray-son’s intoxicated state at the time of the crime and to his impoverished cultural background. Counsel also encouraged the jury to come back with a verdict of a lesser included offense. Defense counsel told the jury that Grayson was ashamed of what he had done and commended him for telling the truth from the start about his conduct and accepting whatever punishment resulted. Counsel also pointed out to the jury that Grayson had no prior record of violent crime and came from a family and cultural background that may have influenced his actions. I. Jury Charges and Verdict The trial court charged the jury with respect to the capital offenses charged in counts one and two of the indictment, as well as the lesser included offenses. In charging the jury with respect to the capital offenses, the court specifically instructed the jury regarding the intent element of an intentional killing, as follows: [Tjhere must also be an intentional killing. Now the intentional killing must be intended and I will define to you intentional as follows. Intentional does not mean accidentally or inadvertently nor is a killing considered intentional because death occurs in a burglary. But it does mean that a person acted intentionally with respect to a result or to conduct described by the statute defining an offense when his purpose is to cause that result or engage in that conduct. The intent to kill must be independent of the act of committing the burglary itself but the two, the burglary and the intent to kill, must co-exist before this defendant could be convicted of the capital offense, as I have mentioned to you, and that is the highest offense included in this indictment. Shortly thereafter, the trial court again instructed the jury regarding an “intentional killing:” The third element involves the defendant’s intentional killing of Annie Laura Orr in that the State must prove beyond a reasonable doubt that the defendant personally shot, stabbed or otherwise killed the victim or that the defendant knowingly sanctioned and facilitated the killing done by another. Later in the jury instructions, the court again explained the general meaning of the term “intentionally,” stating that: “[a] person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his purpose is to cause that result or to engage in that conduct.” The trial court also charged the jury as to the lesser included offenses and explained the felony murder doctrine. The court instructed the jury that “when a homicide is committed in the course of or during an attempt to commit certain felonies which are inherently dangerous to life, the intent which must be shown to support a conviction for murder is supplied by the criminal intent involved in the underlying felony.” Thus, the court explained that the defendant did not have to intend the death of the victim in order to be guilty of felony murder. The trial court strongly admonished the jury that the theory of intent underlying the felony murder doctrine could not be used to support a conviction of the capital offenses charged against Grayson: I charge you, ladies and gentlemen of the jury, that looking to the intent of the defendant on the capital felony crime as charged in Count One and Count Two of the indictment, you may not, and I emphasize the words may not, look to or consider the felony murder doctrine, though said doctrine could be applicable to lesser included charges as the Court will define them to you. With respect to Grayson’s intoxication, the court instructed the jury, as follows: Ladies and gentlemen of the jury. I will charge you as to involuntary intoxication. If you believe from the evidence that Darrell Grayson was involuntarily intoxicated and did not act — and did not as a result of being involuntarily intoxicated, lacked capacity either to appreciate the criminality of his alleged conduct or to conform his alleged conduct to the requirements of the law the defendant therefore could not form the necessary intent to commit the act. A person may become involuntarily intoxicated by the introduction into his body of substances such as alcohol or other drugs which impair or disturb his mental or physical capacities either, one, inadvertently as by accident or without knowing the nature or tendencies of the substance or, two as a result of being deceived or tricked into doing so by fraud, artifice or guile, or, three, as a result of being forced to do so himself or of it being forcibly introduced into his body without his consent. A person may be deemed to know the nature or tendencies of a substance if, under the circumstances, he reasonably should have known' such nature and tendencies. Intoxication of the defendant whether voluntary or involuntary may be considered by the jury if relevant to consider as negating an element of the offense charged, such as intent. However, being unaware of a risk because of voluntary intoxication is immaterial in a consideration of whether the defendant acted recklessly where recklessness is an element of the offense charges or a lesser included offense. Intoxication does not in and of itself constitute a mental disease within the meaning of the 1975 Code of Alabama as defined in Section 13A-3-1. Intoxication, other than involuntary intoxication, is not a defense to a criminal charge but may be considered by the jury, if relevant, on the question of whether the fact of intoxication negates an element of the offense charged such as intent, but not the element of recklessness. (emphasis added). Finally, the court instructed the jury that it was free to disregard the defendant’s confessions if it found them unworthy of belief. After approximately forty minutes of deliberation, the jury submitted several written questions to the court, one of which asked the court to define “intent.” The court decided that the oral charge was sufficient and that the jury should be instructed to rely upon that charge in response to their questions. Defense counsel did not request a reinstruction on intent or object. Approximately one hour and ten minutes later, the jury returned a verdict finding Grayson guilty of capital murder. J. Sentencing Phase at Trial At the sentencing phase, the State presented no additional evidence. The defense presented the testimony of Grayson and Grayson’s mother. Grayson testified that he was only nineteen when he had committed the offense and that he had never committed a felony offense before, while his co-defendant, Kennedy, was a convicted felon. He told the jury that he had lived in Montevallo, Alabama his entire life and that he had completed the tenth grade in the public school system. He told the jury that he was one of eleven children and that most of his siblings worked to help support the family. Gray-son’s mother testified that Grayson had no prior felony record. It appears that defense counsel may have attempted to introduce evidence regarding Victor Kennedy’s trial through the clerk of court but was prevented from doing so by the court’s rulings. In closing arguments, the State focused on the brutality of Grayson’s crime, after explaining to the jury their responsibility to weigh the aggravating and mitigating circumstances in the case. The State emphasized that Mrs. Orr’s death was slow and agonizing and that she was horribly beaten and raped. The State claimed that these factors outweighed the defendant’s age, record, and any remorse he might have. The State suggested to the jury that the atrocious nature of the crime would outweigh any set of mitigating circumstances that a defendant could present. In closing, defense counsel argued to the jury that a death sentence would cause continuing grief to the Orr family and fail to bring a resolution to the death of Mrs. Orr the way a life sentence without parole would. Therefore, he argued that the jury should return a life sentence even though “[t]he evidence shows that this is a death by electrocution case.” He argued that Grayson could not be more greatly punished than to have to sit in a cell every day for the rest of his life. In arguing to the jury the mitigating circumstances, counsel told the jury that Grayson respected Mrs. Orr despite his actions. The focus of the closing, however, was on the best resolution for the Orr family. The court instructed the jury with respect to the aggravating and mitigating circumstances to be considered in arriving at the proper punishment for Grayson’s crime. The judge instructed the jury with respect to the mitigating circumstances of age and of no history of criminal activity. Although the court did not specifically discuss alcohol in its sentencing charge, the court instructed the jury at length on the defendant’s capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law as a mitigating circumstance. After deliberating for approximately forty minutes, the jury determined that Grayson should be punished by death. K Sentencing Hearing Before Trial Judge Approximately three weeks later, the judge held a sentencing hearing to eonsider the aggravating and mitigating circumstances of Grayson’s crime and to decide the sentence. Under Alabama law at the time, the jury’s sentence was not disposi-tive. Instead, the court was required to sentence Grayson to death or to life without parole. See Horsley v. Alabama, 45 F.3d 1486, 1488 n. 1 (11th Cir.1995). At the sentencing hearing, the State relied exclusively on the trial evidence. Defense counsel noted that he had “adequately stated to the Court the intent that he exhibited that night.” Defense counsel also discussed the inadequacy of the funds allotted by the State of Alabama to provide for Grayson’s defense in his capital case. Counsel further argued lack of intent to kill: And that we would submit to the Court that even though limited in our ability to prepare a defense financially for Darrell Grayson, that we have presented the fact that this man did not possess the intent, did not have the malice with which to be convicted of a capital crime, and should not be sentenced to death in the electric chair of the State of Alabama. The trial court sentenced Grayson to death by electrocution and made both specific findings of fact and findings of aggravating and mitigating circumstances present in the case. As aggravating circumstances, the court found: (1) that the killing was committed while the defendant was engaged in the commission of a rape, robbery, and burglary and (2) that the killing was especially heinous, atrocious and cruel when compared to other capital felonies. With respect to the latter aggravating circumstance, the court stated: The Court finds that the actions of the Defendant were completely barbaric, showing a complete and utter disregard for not only human life, but human dignity. The Court cannot think of a case it has seen, heard, or even read, that would equal the cruelty shown in this case by the Defendant to Mrs. Orr. Indeed, the Court has some difficulty imagining what more the Defendants could have done to make this crime any more heinous, atrocious, or cruel. The court also considered the mitigating circumstances, finding that Grayson had no long history of prior criminal involvement and that he was nineteen years old at the time of the offense. The court “also noted that the Defendant was relatively poor and unemployed, had abandoned his education in the tenth grade, although he did receive training at a technical school, had been raised without a father and had given his mother little trouble in growing up, at the time of the capital felony.” The court specifically found that there was no compelling evidence that Grayson lacked the capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. “He clearly knew what he was going to do, what he was doing, and what he did, was wrong and illegal.” L. Direct Appeal and Post-Conviction Proceedings Grayson’s conviction and death sentence were upheld on direct appeal. Grayson v. State, 479 So.2d 69 (Ala.Crim.App.1984); Ex Parte Grayson, 479 So.2d 76 (Ala.1985), cert. denied, Grayson v. Alabama, 474 U.S. 865, 106 S.Ct. 189, 88 L.Ed.2d 157 (1985). Grayson then filed a petition for writ of error coram nobis in the state court of Alabama on January 10, 1986. On September 24, 1990, Grayson filed an amended petition for relief from conviction and sentence of death, pursuant to Temporary Rule 20 of the Alabama Rules of Criminal Procedure. That petition was amended on August 23, 1991, January 28, 1992, and again on March 26, 1992. On April 6 and 7,1992, the Shelby County Circuit Court held an evidentiary hearing on the petition. Grayson presented the following evidence from expert and lay witnesses regarding his alcoholism and chaotic upbringing that he claimed could have been presented to the jury at his trial. M. Experts at State Habeas Hearing Dr. Cleveland’s deposition testimony was introduced in Grayson’s state habeas hearing. Dr. Cleveland has a Ph.D. in child and family development and compiled a family study and evaluated Grayson. Cleveland testified that Grayson’s family was severely disturbed and that its members looked outside the family to have critical needs met. There was food available in Grayson’s house most of the time, but the family was very violent and chaotic. There was little adult supervision over Grayson and his eleven siblings, and fighting and intoxication were the norm. Alcohol was available in Grayson’s home from the time that he was a small child, and alcohol abuse was rampant in the household. Numerous people came and went from Grayson’s overcrowded home, and his teenage sisters had children who resided with them. Dr. Cleveland explained the abusive and impoverished background of Grayson’s mother and her inability to control or care for her children. Grayson’s mother used corporal punishment as the only real means of controlling her children. Grayson had no positive male or female role models in his life. As a result of this chaotic upbringing, Cleveland testified that Grayson was left without a way to solve problems or to cope with stresses of life and that he began drinking heavily at an early age. She explained that the alcohol consumption seemed to be “like a medication for him at times.” On cross-examination, Cleveland conceded that Grayson’s upbringing is not all that uncommon in impoverished settings and that such an upbringing does not necessarily lead to murder. While it appears from Cleveland’s family study and chronology that many of Grayson’s eleven siblings had scrapes with law enforcement and that six of them spent time in jail, it appears that Grayson was the only one convicted of a violent crime. Grayson also presented the testimony of Dr. Phillips, a forensic psychiatrist with expertise in chemical dependency and substance abuse. Phillips opined that Grayson was suffering from a personality disorder and from dependency as a result of severe alcohol and drug abuse at an extremely young age, causing an inability to function at a level expected of someone his age in areas like social skills, responsibility, daily living skills, personal independence and self sufficiency. Phillips testified that Grayson’s excessive drinking included “periods of blackouts with some question of hallucination although they were extremely minimal and not terribly convincing in terms of my own diagnostic opinion.” Phillips testified regarding alcoholic blackouts as “amnestic episodes” that result in memory loss while a person is in the process of functioning. “And some of that anteriorgrade amnesia can have an onset in such a manner that as you are in a blackout you can’t remember what you did the previous five minutes.” Phillips testified that unintended consequences often result from intoxication and the impaired judgment that it causes. He also explained that Grayson’s intoxication and other evidence at the crime scene suggested that Grayson did not appreciate the consequences of taping a pillow case over Mrs. Orr’s head and the other actions he took that night. Phillips opined that the absence of adult supervision and positive role models in Grayson’s overcrowded home led to alcoholism in all but three of the twelve siblings. The chronic alcoholism of Grayson’s mother led to chaos in the family, such as violence, disruption, arguing, hitting of children, and fights breaking out. The absence of space and privacy in the small impoverished shack made up of scraps of wood where Grayson was raised was also critical in Grayson’s development according to Phillips. Phillips also opined that Grayson’s lack of role models and validation at home led him to seek validation from the likes of Kennedy by conforming his behavior to the behavior patterns exhibited by Kennedy. Grayson was very perplexed at what he had done to Mrs. Orr and was ashamed of his role in the crime. Phillips opined that this confusion and shame were consistent with his diagnosis of alcoholism and intoxication at the time of the crime. On cross-examination, Phillips conceded that Grayson’s alleged adjustment disorder following the crime did not contribute to his commission of the crime against Mrs. Orr. Although Gray-son had a history of antisocial behaviors, Phillips did not think he suffered from antisocial personality disorder. Phillips testified that Grayson was not mentally retarded in his opinion, but was of average to low-average intelligence. Dr. Burton, a licensed physician with a specialty in forensic medicine and pathology, opined that Mrs. Orr’s death was the result of suffocation from a pillow case being taped over her head in such a way that it impaired her ability to breathe, although he conceded that it was possible that heart failure played some role. Burton testified that none of Mrs. Orr’s wounds were of the type expected to cause death. Based upon her death by suffocation, Dr. Burton testified that Mrs. Orr might have been alive when Grayson and Kennedy left her home and that it was possible for a person to live up to two hours in such circumstances. Because of Mrs. Orr’s advanced age, Burton testified that her bruising could have been caused with minimal trauma during a rape and restraint. Dr. Burton also explained that the presence of bruises showed that Mrs. Orr was not unconscious during the attack, but awake and struggling, which would have led her attackers to believe that she was able to breathe. Dr. Burton further testified as to the effects of alcohol on an individual’s ability to reason and understand the consequences of his actions. He opined that Grayson may have been capable of performing the mechanical tasks associated with covering Mrs. Orr’s face and raping her, despite his intoxication, without comprehending the consequences of those mechanical acts. Further, he explained that an intoxicated individual might have difficulty recalling an event shortly thereafter, but might regain memory of the event over time. Dr. McClaren was hired by the Alabama Attorney General’s Office to conduct a psychological evaluation of Grayson. At the state habeas hearing, McClaren testified that he evaluated Grayson using the Wex-ler Adult Intelligence Scale-Revised and that Grayson received a verbal IQ score of 88, a performance IQ score of 80, and a full-scale IQ score of 88. He testified that these results suggest average intellectual functioning. McClaren also administered the Minnesota Multiphasic Personality Inventory (“MMPI”) to Grayson and testified that he did not find any evidence that Grayson was psychotic or had a major mental Illness after evaluating his score on the MMPI, although Grayson did display a profile “frequently found among people who find themselves in conflict with societal realms.” Further, McClaren opined that Grayson had some antisocial traits and suffered from some sort of unspecified personality disorder, although he could not be diagnosed with antisocial personality disorder. McClaren diagnosed Grayson as being in remission from alcohol, and possibly cannabis, dependency. McClaren opined that Grayson was able to appreciate the consequences of his actions on the night of the murder. The deposition testimony of Dr. Zimmerman, a psychologist with a specialty in mental health evaluations, was admitted into evidence at Grayson’s state habeas hearing. Zimmerman diagnosed Grayson as alcohol dependent at the time of his incarceration and opined that: “he would go through physical withdrawal from alcohol, alcohol affected the way he thought and his behavior, and what we know from animal studies is that alcohol probably affected his brain and those chemicals in the brain that carry messages from nerve cell to nerve cell.” Dr. Zimmerman also testified to alcohol’s effects generally on an individual’s ability to appreciate the consequences of his actions. Zimmerman opined that Grayson was experiencing an alcoholic blackout at the time of the murder. He found that Grayson read at greater than a twelfth grade level. Dr. Zimmerman also rescored the MMPI administered to Grayson by Dr. McClaren. In the MMPI analysis of Dr. Zimmerman, it states: “The long-range prognosis for this individual is not good as this type does not learn from experience, including psychotherapy and incarceration.” N. Lay Testimony at State Habeas Hearing At the state habeas hearing, Grayson also submitted the testimony of numerous lay witnesses. Richard W. Bell represented Grayson at trial and on appeal. His deposition was taken and introduced; plus he testified at the state habeas hearing. Bell had been practicing law in Alabama for approximately ten years when was appointed as defense counsel for Grayson. Although Bell had practiced in the area of criminal law prior to his appointment to Grayson’s case, the defense of Darrell Grayson was Bell’s first capital case. He recalls that his fee for the case was a $1,000 flat fee. Bell was the only attorney appointed to represent Grayson at the trial level. Bell explained that the thrust of his defense at the guilt phase of the trial was Grayson’s lack of intent to kill Mrs. Orr. The trial judge authorized him to spend the statutory maximum of $500 on experts in the case. Bell testified that he contacted some expert pathologists to seek assistance with Grayson’s defense but was unable to hire those experts because their fees were more than $1500 per day. Counsel thought it would be futile to attempt to obtain funds over the statutory cap for experts from the trial judge and, therefore, he did not try. He stated that the lack of a serology expert was extremely important because he could not challenge the findings of the State’s serologist regarding the rape of Mrs. Orr to ascertain whether his client was actually involved in the rape. Counsel also opined that the testimony of an expert pathologist would have been critical in defending Grayson. He explained his opinion that the autopsy doctor never specifically testified as to the cause of Mrs. Orr’s death at trial. Counsel felt that he could have showed that the State’s pathologist had decided on death by asphyxiation as a result of an inability to determine any other cause of death. Counsel wanted to explore the possibility that Mrs. Orr died of a cardiac arrest and felt that the testimony of a defense pathologist would have been crucial in showing that Grayson had not intended Mrs. Orr to die. Counsel testified that the lack of sufficient funds to hire experts caused Grayson to “just almost confess a plea to the death penalty.” Because Grayson had consumed gallons of alcohol prior to the killing, counsel expressed his opinion that he needed a toxicologist to develop evidence regarding the chemical effects on the body of consuming huge amounts of alcohol. Further, counsel testified that it would have been important to show the jury the genetic and physiological factors that lead to alcohol dependence and the physiological effects of such dependence, such as blackouts. If he could have afforded experts, counsel would have presented such evidence, both as a mitigating factor and to show a lack of intent. Finally, counsel explained that expert testimony regarding the effects of alcohol and alcohol withdrawal would have been crucial in support of his motion to suppress Gray-son’s confessions. Trial counsel further testified that a good forensic psychologist would have been critical in explaining to the jury the “psychological events [that] had occurred in [Grayson’s] life that may have led to him entering that home between eleven and midnight of Christmas Eve eve and committing whatever acts were done in there.” He explained that this evidence would have been critical in demonstrating to the jury that Grayson had not “intentionally killed” Mrs. Orr. According to counsel, this evidence might have produced a conviction of a lesser included offense in light of the jury’s apparent concern over the intent issue as evidenced by their question to the judge regarding intent. Further, counsel conceded that such an expert may have assisted him in developing evidence regarding Kennedy’s domination of Grayson in connection with the offense. With respect to the Bryce Hospital records, counsel testified that he received them and read them, but that he would have picked them apart if he had been able to hire a mental health expert. Counsel did not talk with any of the doctors who evaluated Grayson at Bryce Hospital prior to trial and attributed this to his lack of an investigator. Counsel was not asked during his deposition why he did not utilize the hospital records he did have at trial. Trial counsel also expressed his opinion that it would have been important to gather facts about Grayson’s home life and community in preparation of a mitigation case. Counsel talked with Grayson about his background, but did not interview other witnesses and members of the community to develop evidence for the mitigation phase of the case due to his lack of funding and investigatory help. Bell testified that the lack of adequate funding prevented him from taking time from his busy civil practice to investigate fully the case against Grayson. Although he did not sit through the earlier trial against Kennedy, Bell had heard that the lawyer who defended Kennedy had been extremely animated and aggressive, challenging every exhibit and witness. Because that strategy had resulted in a death sentence for Kennedy, Bell explained that his strategy was to keep Grayson’s defense “calm” and under “control.” He felt that he could appease the jury by presenting Grayson as calmly as possible and by accepting a lot ,of the damaging but admissible evidence without putting up a big fight in front of the jury. Counsel also explained that the case was extremely politically charged in that the Orr family was a prominent family in Mon-tevallo, Alabama and because it was an attack on an elderly white widow by “two black individuals.” Due to the politically sensitive nature of the case and the prominence of the family, counsel explained that he subpoenaed every family member and then invoked the rule of sequestration of witnesses in an effort to keep them from all sitting in the front row before the jury throughout the entire trial. Counsel conceded that the actual nature of the crime was “horrendous” and opined that the trial judge was compelled to sentence Grayson to death for political reasons. When the jury came back with a question to the trial judge about the definition of intent and manslaughter, counsel testified that he felt that his points about Gray-son’s lack of intent to kill Mrs. Orr had been communicated to the jury and he felt good about the question being asked. He testified: “I just felt that this was very, very good, as far as this jury was concerned, and I was hoping that we were going to come out with the manslaughter conviction, or possibly even just a straight murder.” He also testified that the prosecutors prosecuting the case similarly felt that the jury had bought the defense case, saying to Bell: “I don’t know how it happened, but I think that you whipped us on this, if that’s what they’re thinking.” Counsel testified that he felt that the judge’s failure to re-instruct the jury may have cost Grayson his life. Bell explained that Grayson was a cooperative client and had informed him that he was drunk at the time of the crime. Bell did not recall being informed of a history of alcohol abuse, however. After reviewing his own preadmission form for Grayson’s evaluation at Bryce Hospital, which stated “Cannot control drinking, drinks to the point of blacking out,” counsel testified that he must have known of the problem. Counsel testified that he felt that he might have secured a verdict on a lesser included offense if the trial had been held in another venue where the victim was not a well-known pillar of the community. Counsel for Grayson queried: “So, even here, and even with this jury, but without any expert help or anything else, you gave them a run for their money on the question of whether there was intent or not?” Bell answered: “That’s right.” On examination by the State, Bell acknowledged that mental health and other mitigating evidence is a double-edged sword that often does not affect the outcome in favor of a defendant. He admitted that such evidence is sometimes so negative that defense counsel would not want to use it. He conceded that the facts of the case were horrible and that the evidence against his client was “very strong.” Counsel also admitted that he thought Judge Walden would have sentenced Grayson to death even if the jury had given him a life sentence. Grayson’s habeas counsel asked Bell on cross-examination: “Was it very important to you to investigate for the presence of mitigating circumstances about the life and background of your client, Darrell Gray-son?” Bell responded: “Yes.” Counsel asked: “Again, were you not about to do that because of the five hundred dollar limit, you didn’t have an investigator?” He responded: “That’s correct. I did not investigate, but there was possibly sociological implications in the family that would have been best served by a person trained in that kind of observations of a family unit.” Other than the fact that Grayson was from a large family and that his mother was a cafeteria worker, counsel testified that he knew very little about Grayson’s background. Thus, Bell’s testimony appears to indicate that he did little or no investigation into the possibly mitigating factors present in Grayson’s background. Counsel testified that he believed Grayson’s alcoholism and intoxication on the night of the crime could have been a deciding factor with the jury with proper expert testimony. Grayson’s sister testified as to the drinking and violence in Grayson’s childhood home. She described an argument between her sister and her mother in which her mother shot her sister and an argument between her mother and her stepfather in which shots were fired in the home. Grayson’s mother was convicted of manslaughter in connection with the death of her first husband Edward Grayson. 0. State Habeas Court’s Order The state habeas court denied Grayson’s petition for post-conviction relief. Without analysis, the court found all of Grayson’s claims of ineffective assistance of counsel to be “without merit.” With respect to Grayson’s claim that his arrest violated the Fourth Amendment, the court found that claim proeedurally barred due to Gray-son’s failure to raise the claim at trial or on appeal. In the alternative, the court found that “the evidence before the court at the time of trial did not establish that Grayson’s arrest was illegal. Moreover, none of the evidence which was presented in this proceeding establishes that Gray-son’s arrest was not founded upon sufficient probable cause.” The state habeas court similarly found Grayson’s claim that his confessions were involuntary was proeedurally barred and, in the alternative, that it lacked merit. The court found: “When all of the evidence is considered, it is apparent that Grayson’s statements were properly admitted into evidence. Nothing before this Court establishes that Grayson’s statements were involuntary, and Grayson is not entitled to relief on this claim because it lacks merit.” With respect to Grayson’s claim that he was denied sufficient funds to retain an expert forensic pathologist, the court found the claim proeedurally barred and then made an alternative finding that the claim lacked merit. First, the court found that Grayson could not state a claim for the denial of funds where his counsel sought and received the maximum funding allowable under Alabama law for expert assistance. Furthermore, the court found that the lack of such pathology evidence in no way prejudiced Grayson where the expert pathologist hired by the defense in connection with the post-conviction proceedings agreed with the State’s pathologist who testified at trial. The Alabama Court of Criminal Appeals denied Grayson’s appeal. Thereafter, Grayson filed a § 2254 petition, which the district court denied. Grayson timely appealed. II. STANDARD OF REVIEW In reviewing the denial of Gray-son’s § 2254 petition, we review the district court’s findings of historical fact for clear error only, reserving de novo review for its holdings of law and its application of law to facts. Housel v. Head, 238 F.3d 1289, 1294 (11th Cir.2001) (citing Freund v. Butterworth, 165 F.3d 839