Full opinion text
OPINION MOORE, Circuit Judge. Thomas Clyde Bowling, Jr. (“Bowling”) appeals the district court’s judgment denying both his petition for a writ of habeas corpus and his request for an evidentiary hearing in conjunction with that petition. Bowling was convicted in state court of murdering Tina and Eddie Earley and sentenced to death. His conviction and death sentence were affirmed by Kentucky courts on direct appeal and in post-conviction proceedings. In the district court and now on appeal, Bowling raises numerous claims of error. He contends that he was denied proper jury instructions, given ineffective assistance of counsel, deprived of an evidentiary hearing, denied a fair jury, subjected to numerous instances of prose-cutorial misconduct, and given a sentence that was constitutionally disproportionate. For the reasons that follow, we AFFIRM the decision of the district court below, and deny Bowling’s petition for a writ of habe-as corpus and his request for an evidentia-ry hearing. I. BACKGROUND A. Factual Background Early in the morning on April 9, 1990, Eddie and Tina Earley were shot to death in their automobile in a parking lot outside a Lexington dry-cleaning establishment. Their two-year-old son Christopher was also shot, but not fatally. Police arriving at the scene found several witnesses offering varied observations of the shooter, collected several bullets from inside and outside the vehicle, and recovered debris consistent with a car collision. After analyzing the debris, the police determined that the Earleys’ car must have been hit by a 1981 light blue Chevrolet Malibu. They also determined that a 1981 Malibu was registered in the county to Bowling. The police, however, did not seek to arrest Bowling at that point; instead they pursued several theories of who could have murdered the Earleys. On the following day, April 10, 1990, police received a telephone call from Bowling’s sister, Patricia Gentry. Gentry and her mother, Iva Lee Bowling, were worried because they had not seen Bowling, who was affectionately known as T.C., since approximately 6:00 a.m. the preceding day. Watching the news reports, they realized that Bowling’s car matched the description of the suspected killer’s car. Searching for Bowling, the two women drove to property owned by the family in rural Powell County. There they discovered Bowling’s car. Bowling, however, was not there. When they returned to Gentry’s Knoxville home, they discovered Bowling asleep on the couch. After consulting with their minister, they called the police, who came and picked Bowling up without incident. The police then recovered Bowling’s car from the Powell County property, where they also discovered a buried .357-magnum revolver. Bowling was represented at trial by three attorneys: Baldani, Summers, and Richardson. Prior to trial, these attorneys had Bowling undergo a neurological and psychological evaluation by Dr. Donald Beal. B. The Trial On December 10, 1990, the trial began. The court’s stated goal in voir dire was to qualify forty-four of the ninety-nine pooled jurors. Qualifying forty-four jurors would allow the defendant to have eighteen peremptory challenges and the government twelve, with twelve people remaining to be jurors and two to be alternates. Later, however, the court stated that it was worried that the jury pool would be too small, so it ended up qualifying forty-eight jurors, but then struck the four extra jurors. On December 12, the guilt phase of the trial began. The Commonwealth produced twenty-five witnesses. There were three eye-witnesses to the crime. The first, Larry Turner, never saw the shooter; he went to the crime scene after hearing what he thought was a car backfiring. By the time he reached the car, the killer had already fled, and Turner observed only the Earleys’ dented car, the dead bodies, and the child crying. David Boyd testified that while stopped at a stoplight, he looked back to see two cars in the parking lot and a man firing a gun into one of them. According to Boyd, the shooter then stood and looked at the scene before driving off. Boyd described the car as being a light blue 1979 or 1980 Malibu and described the shooter as being six feet tall with a medium build, wearing a black jacket and a brimmed hat. The third eyewitness, Norman Pullins, who had seen the events from a nursing home across the street, could not be found by either party. By agreement of the parties, the police played their audiotape of an interview with Pullins that took place the morning of the shootings. The police next testified regarding the crime scene and presented to the jury photographs and a videotape depicting the scene in considerable detail. The Commonwealth then focused on the evidence discovered at the Bowling property in Powell County. One officer testified that he found Bowling’s Malibu in the thicket, and an orange jacket, an orange Little Caesar’s T-shirt from Bowling’s workplace, and a black Rangers’ hat in a small shed. The officer also found an unused outhouse on the property into which several empty alcohol bottles had been thrown. Another officer testified to finding the gun on the property. Lastly, an officer testified that he retrieved Bowling’s personal effects from his sister’s house, including a black jacket. The state then introduced expert testimony. A forensic pathologist testified that the Earleys had no chance of surviving the injuries that they sustained. A police automotive expert testified that the glass, plastic, and chrome debris from the crime scene matched Bowling’s car. Another expert testified that paint from the Earleys’ car had rubbed off (because of the accident) onto Bowling’s car, and that paint from Bowling’s car had also rubbed off on the Earleys’ car. The expert unambiguously stated that tests on the paint samples demonstrated that it was Bowling’s car that had rammed into the Earleys’ vehicle. A state ballistics expert identified the recovered gun as a Smith and Wesson .357 and stated that the bullets shot from it would have identical markings to those recovered from the crime scene. On cross-examination, however, he admitted that there may be millions of guns that would have left marks like those on the bullets found at the crime scene. The Commonwealth also presented testimony from Clay Brackett that he had sold a similar-looking Smith and Wesson .357 to Bowling a few days before the killings. There were also two witnesses, Jack Mullins and Jack Strange, who placed Bowling on the road in front of the property in Powell County the evening of the murders. The Commonwealth then called Bowling’s family to testify to the events leading up to the telephone call that they made to the police. Bowling’s family testified that Bowling had been seriously depressed in the weeks before the shootings. Bowling was also obsessed with death. During a drive with his mother a few days before the shooting, Bowling told her that his time had run out and that she should look for him at the family property in Powell County if he disappeared. During this drive, Bowling had stopped for approximately thirty minutes in a parking lot, behind the nursing home property across from the dry-cleaning place where the Earleys worked. Bowling had also shown to his family the gun that he had recently purchased from Brackett. The defense presented no witnesses, choosing not to present the expert testimony of Dr. Beal. Bowling’s counsel asked for time to inform Bowling again of his right to testify, but after consulting with Bowling, counsel announced that Bowling would not testify. The defense rested on their cross-examinations of the witnesses. The defense had brought out Bowling’s erratic behavior during the weekend before the shootings. Brackett admitted, while he was being cross-examined, that he traded in handguns without keeping records and had poor memory and hearing. David Boyd admitted that he may have told a police detective that the shooter had long brown hair, a dark complexion, and possibly a mustache — none of which describe Bowling. Though defense counsel did not gain much ground from the expert witnesses, the Commonwealth’s ballistics expert did concede that the .357-magnum was one of perhaps millions of guns that could have fired the bullets that killed the Earleys. Defense counsel also established that none of Bowling’s possessions, including his car, had any blood on them, that there were no fingerprints found on the gun or at the crime scene, and that the only lead residue on Bowling’s belongings was inside the left pocket of his jacket and could have come from a gun or from bullets. The defense asked for jury instructions on extreme emotional disturbance, circumstantial evidence, and reckless homicide. The trial court denied these instructions. The jury found Bowling guilty of intentionally murdering Tina and Eddie Earley and assaulting their son Christopher. Before the penalty phase began, Bowling, his defense counsel, and the prosecution met because Bowling had filed a pro se motion to discharge his attorneys. Bowling stated that he was angry with his attorneys because they had essentially presented no defense on his behalf. Bowling claimed that he did not have ample opportunity to meet with his attorneys; Bowling told the state court judge that his attorneys had not spent more than a total of one hour with him throughout the litigation. Bowling said that there were many witnesses who could have been called to testify — although, when questioned, he could not give the names of any such witnesses or list any particular act that his attorneys failed to do. Bowling stressed, however, that he had no time to tell his attorneys of witnesses who might have been called, because his attorneys had not met with him. Bowling said that he felt that his attorneys did not take his case seriously, and that they once remarked to another person in front of Bowling that they did not have a defense. The district court denied his motion to discharge his attorneys. The penalty phase then began. The defense called six witnesses to testify. There were three non-family members: a former co-worker of Bowling and two jail employees, all of whom spoke kindly of Bowling. The defense also called Bowling’s mother, his sister, and his son, who discussed their love for Bowling, his mental and emotional deterioration in the weeks before the killings, his failed marriage, and his having only a ninth-grade education and being of low mental ability. Bowling did not testify. The trial court denied Bowling’s request for specific mitigating instructions on extreme emotional disturbance, mental illness, intoxication, and model jail conduct, but gave a general mitigating instruction. The trial court also instructed the jurors on one statutory aggravating factor, that of intentionally causing multiple deaths. The jury found that the aggravating factor applied and recommended two death sentences. The trial judge sentenced Bowling to death. C. Post-Trial Case History Bowling’s conviction and sentences underwent mandatory review by the Kentucky Supreme Court pursuant to Kentucky Revised Code § 532.075. The Kentucky Supreme Court affirmed his conviction and sentence on September 30, 1993. Bowling v. Commonwealth, 873 S.W.2d 175 (Ky.1993) [“Bowling /”]. Two justices dissented. The dissenting justices argued that Bowling should have been given an instruction on extreme emotional disturbance in the guilt and penalty phases, id. at 182-85 (Leib-son, J., dissenting), and one justice also would have reversed the conviction because of prosecutorial misconduct, id. at 185-87 (Burke, S.J., dissenting). Bowling then began his post-conviction proceedings in a state circuit court. Here, however, Bowling made a potentially significant procedural error. On February 28, 1995, he filed a notice of intent to file a motion for post-conviction relief under Kentucky Rule of Criminal Procedure (known as “RCr”) 11.42. However, he did not file the motion itself at that time. Governor Patton set Bowling’s execution date for February 1, 1996. Eventually, the Supreme Court of Kentucky determined that Bowling’s execution could not be stayed without the actual motion being filed. Bowling v. Commonwealth, 926 S.W.2d 667, 669 (Ky.1996). So on January 26, 1996, Bowling’s counsel filed a rushed but formal RCr 11.42 motion, and asked for more time to file an amended or supplemental motion. On February 8, 1996, the state circuit court granted the request, and gave Bowling 120 additional days running from the initial deadline, January 26, 1996. On May 28, 1996, a supplemental RCr motion was filed, but it was not verified as required by Kentucky law. On June 6, 1996, clearly after the 120-day period, Bowling filed the revised version as a verified supplemental motion. On October 1, 1996, the circuit court ordered both versions of the supplemental motion stricken, the first for being unverified and the second for being untimely, which ostensibly prevented those claims from being addressed. The state circuit court recognized its power to allow amendment for equitable reasons but declined to exercise that power. The circuit court found against Bowling on the merits on all the remaining claims. The Kentucky Supreme Court unanimously affirmed the circuit court’s decision. Bowling v. Commonwealth, 981 S.W.2d 545 (Ky.1998) [“Bowling II”]. The Kentucky Supreme Court dismissed the claims Bowling raised in his initial RCr petition as not having merit. The Kentucky Supreme Court then addressed the claims raised in Bowling’s struck supplemental motions. The Kentucky Supreme Court prefaced its analysis of Bowling’s claims with the following statement: Appellant presents a number of other issues in his supplemental RCr 11.42 motion. Notwithstanding that his supplemental motion was struck by the trial court, in the interest of judicial economy we will review the seven additional claims of ineffective assistance of counsel raised in the motion. Id. at 551. The Kentucky Supreme Court then denied Bowling’s claims on the merits. Bowling filed a motion for a writ of habeas corpus with the district court on August 12, 1999. Bowling moved for an evidentiary hearing with the district court on some issues, but this motion was denied. Ultimately, the district court denied the writ. Bowling v. Parker, 188 F.Supp.2d 821 (E.D.Ky.2001) [“Bowling III”]. The district court granted a certificate of appealability as to all issues. II. ANALYSIS A. The Legal Standards of AEDPA This court reviews de novo the legal conclusions of a district court denying habeas relief. Palazzolo v. Gorcyca, 244 F.3d 512, 515 (6th Cir.), cert. denied, 534 U.S. 828, 122 S.Ct. 68, 151 L.Ed.2d 35 (2001). As Bowling’s habeas petition was filed on August 12, 1999, it is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Pursuant to AEDPA, relief is available with respect to claims adjudicated on the merits in state court only if the adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254(d)(l)-(2). Moreover, the findings of a state court are presumed to be correct and can only be contravened if Bowling can show by clear and convincing evidence that they are erroneous. See 28 U.S.C. § 2254(e)(1). The presumption of correctness also attaches to the factual findings of a state appellate court based on the state trial record. See Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981). B. Procedural Default Before addressing the merits of Bowling’s appeal, we must address the state’s contention that some of Bowling’s claims are procedurally defaulted. The government argues that because Bowling’s supplemental RCr motions were struck by the trial court, the claims that appear only therein are defaulted and cannot be revived in a federal habeas corpus action. We reject the state’s contention that these claims have been procedurally defaulted. It is clear that if a petitioner defaults his federal claims in state court by failing to comply with an adequate and independent state procedural rule, federal habeas relief is barred unless the petitioner can show cause for the default and actual prejudice, or a resultant fundamental miscarriage of justice. Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). This court recently spoke to how courts are to examine an allegation of procedural default: First, the court must determine whether there is such a procedural rule that is applicable to the claim at issue and whether the petitioner did, in fact, fail to follow it. Second, the court must decide whether the state courts actually enforced its procedural sanction. Third, the court must decide whether the state’s procedural forfeiture is an “adequate and independent” ground on which the state can rely to foreclose review of a federal constitutional claim.... And, fourth, the petitioner must demonstrate ... that there was “cause” for him to neglect the procedural rule and that he was actually prejudiced by the alleged constitutional error. Greer v. Mitchell, 264 F.3d 663, 673 (6th Cir.2001) (citations omitted) (citing, inter alia, Maupin v. Smith, 785 F.2d 135, 138 (6th Cir.1986)), cert. denied, 535 U.S. 940, 122 S.Ct. 1323, 152 L.Ed.2d 231 (2002). At issue here is the second prong of the Mau-pin test; Bowling questions whether the Kentucky Supreme Court actually enforced its procedural sanction. In this regard, the Supreme Court has stated that “[t]he mere existence of a basis for a state procedural bar does not deprive [federal courts] of jurisdiction; the state court must actually have relied on the procedural bar as an independent basis for its disposition of the case.” Caldwell v. Mississippi, 472 U.S. 320, 327, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985); see also Coleman, 501 U.S. at 735, 111 S.Ct. 2546 (requiring that the last state court rendering a reasoned judgment on the matter “clearly and expressly” state that its judgment rests on such a procedural bar for the doctrine of procedural default to apply). The language used by the Kentucky Supreme Court in its opinion reveals that it did not clearly rely on Bowling’s procedural default to dismiss the claims raised in his supplemental motion. After noting that the claims were raised only in the struck supplemental pleadings, the Kentucky Supreme Court went on to consider the merits of those claims, stating, “Notwithstanding that his supplemental motion was struck by the trial court, in the interest of judicial economy we will review the seven additional claims of ineffective assistance of counsel raised in the motion.” Bowling II, 981 S.W.2d at 551. There are two reasonable interpretations to which this statement is susceptible. The Kentucky Supreme Court may have been relying on the procedural default. Its dismissal of Bowling’s claims on the merits would then be considered an alternative holding. In such a situation, we would consider the claims in the struck motion procedurally defaulted. See Harris v. Reed, 489 U.S. 255, 264 n. 10, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (stating that “a state court need not fear reaching the merits of a federal claim in an alternative holding”); Coe v. Bell, 161 F.3d 320, 330 (6th Cir.1998). However, the Kentucky Supreme Court may have well been using the word “notwithstanding” to ignore the issue of possible procedural default and consider the claims on the merits. In such a case, Bowling’s claims would not be defaulted because the state court would not have been relying on the procedural bar in its disposition of the case. We find both interpretations eminently plausible. The use of the word “notwithstanding” could suggest either that the Kentucky Supreme Court was enforcing the procedural default or that it was waiving it. Moreover, the possibility that the Kentucky Supreme Court was in fact waiving the default is amplified by the fact that it went on to consider Bowling’s claims on the merits. See Harris, 489 U.S. at 266 n. 13, 109 S.Ct. 1038 (noting that “[w]hile it perhaps could be argued that this statement would have sufficed had the state court never reached the federal claim,” the fact that “the state court clearly went on to reject the federal claim on the merits” makes it less clear that the state court actually relied on the procedural bar). Ultimately, the fact that both interpretations are sensible settles this issue in Bowling’s favor, for there must be unambiguous state-court reliance on a procedural default for it to block our review. See Gall v. Parker, 231 F.3d 265, 321 (6th Cir.2000), cert. denied, 533 U.S. 941, 121 S.Ct. 2577, 150 L.Ed.2d 739 (2001). We therefore proceed to the merits of Bowling’s claims. His contentions of error fall into six general categories. He claims that he was denied proper jury instructions, his counsel was constitutionally ineffective, he was improperly denied an evi-dentiary hearing, the jury in his case was constitutionally invalid, the prosecutors acted inappropriately towards him at trial, and his death sentence was constitutionally disproportionate. C. Denial of Proper Jury Instructions Bowling’s first claim for relief is his claim that he was denied proper jury instructions in both the guilt and penalty phases of his trial. Although Bowling’s claim that he was entitled in the guilt phase to a jury instruction on extreme emotional disturbance (“EED”) is the strongest claim he brings in his habeas petition, we find it ultimately unpersuasive. We therefore dismiss Bowling’s claim that he was denied proper jury instructions. 1. Instructions in the Guilt Phase Bowling claims that the trial court improperly failed to give the jury a lesser-included-offense instruction in the guilt phase. Bowling contends that the jury should have been given an instruction on extreme emotional disturbance; if the jury then had found extreme emotional disturbance, it would have convicted Bowling only of manslaughter (rather than murder). See Ky. Rev.Code Ann. § 507.030(b) (defining manslaughter as an intentional killing “under circumstances which do not constitute murder because [the defendant] acts under the influence of extreme emotional disturbance”). The Supreme Court has held that the failure to give a lesser-included-offense instruction can violate due process. See Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). In Beck, the defendant and his accomplice broke into the house of an eighty-year-old man and tied him up. According to Beck, the accomplice struck the man and killed him. Beck consistently maintained that he did not kill the victim and that he had never intended for the murder to occur. The state charged him with “robbery-intentional killing,” a capital crime. Id. at 628, 100 S.Ct. 2382. Pursuant to the applicable state statute, the trial judge was prohibited from instructing the jury on the lesser-included offense of “felony-murder,” a non-capital crime. The jury convicted Beck of intentional murder, and he was sentenced to death. The Supreme Court held that it is a denial of due process for a jury to be deprived of the opportunity to consider the lesser-included offense of felony-murder when “the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction.” Id. at 638, 100 S.Ct. 2382. In this case, manslaughter is a lesser-included offense of murder under Kentucky law. See Bray v. Commonwealth, 68 S.W.3d 375, 383 (Ky.2002) (analyzing whether a defendant should have received an instruction on the “lesser included offense of first degree manslaughter” where he was convicted of murder, but claimed that he was extremely emotionally disturbed at the time of the homicide); see also Ky. Rev.Code ANN. § 507.030(b) (defining manslaughter as a lesser-included offense of murder). Nonetheless, while due process can require an instruction on lesser offenses that are necessarily included in the greater offense, due process does not require an instruction on a lesser-included offense if the evidence does not support such an instruction. Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 72 L.Ed.2d 367 (1982). Instead, “a Beck instruction is only required when ‘there was evidence which, if believed, could reasonably have led to a verdict of guilt of a lesser offense,’ but not the greater.” Campbell v. Coyle, 260 F.3d 531, 541 (6th Cir.2001) (quoting Hopper, 456 U.S. at 610, 102 S.Ct. 2049), cert. denied, 535 U.S. 975, 122 S.Ct. 1448, 152 L.Ed.2d 390 (2002). This constitutional requirement is virtually identical to the Kentucky requirement that an' instruction be given when “ ‘a juror might entertain reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond reasonable doubt that the defendant is guilty of the lesser offense.’ ” Jacobs v. Commonwealth, 58 S.W.3d 435, 446 (Ky.2001) (citation omitted). The Kentucky Supremé Court determined that the evidence at trial would not permit a rational jury to find extreme emotional disturbance. See Bowling I, 873 S.W.2d at 179 (discussing this claim). Given the deference that we are required to give to the Kentucky Supreme Court’s analysis of this question, we ask only whether the Kentucky Supreme' Court was unreasonable in its conclusion that the evidence at trial would not permit a rational jury to find extreme emotional disturbance. See Campbell, 260 F.3d at 543 (noting that the question is “whether the state court’s application of [the Beck ] rule to these facts was objectively unreasonable”). To answer this question, however, we must discern the meaning of the term, “extreme emotional disturbance.” This is a question of state law. See Bennett v. Scroggy, 793 F.2d 772, 778 (6th Cir.1986) (“A due process clause claim that one is entitled to instructions on a lesser included offense can be resolved only by determining what the elements of those offenses are. Hence, the reviewing court must look first to the state’s law.”). Kentucky law, at the time of Bowling’s case, had explained EED as follows: Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one’s judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes. It is not a mental disease in itself, and an enraged, inflamed, or disturbed emotional state does not constitute an extreme emotional disturbance unless there is a reasonable explanation or excuse therefor, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under circumstances as defendant believed them to be. McClellan v. Commonwealth, 715 S.W.2d 464, 468-69 (Ky.1986). Kentucky courts have explained that, to show EED, there must be a triggering event — -a “sudden and uninterrupted” event that “triggers the explosion of violence on the part of the criminal defendant.” Foster v. Commonwealth, 827 S.W.2d 670, 678 (Ky.1991) (holding that a woman was not entitled to an EED instruction after she murdered five individuals without a recent aggravating incident, despite the fact that the woman had suffered significant ■ physical and emotional harm as a child and abused drugs and alcohol). As a result, “extreme emotional disturbance is not established by evidence of insanity or mental illness, but require [sic] a showing of some dramatic event which creates a temporary emotional disturbance as opposed to a more generalized mental derangement.” Stanford v. Commonwealth, 793 S.W.2d 112, 115 (Ky.1990). Bowling claims that, under the facts of his case and the definition of EED used above, an EED instruction was required. It is undisputed that Bowling’s car crashed into the Earleys’ car in the Earley Bird Cleaners’ parking lot and that the front right-hand side of Bowling’s car impacted the driver’s side of the Earleys’ car. Bowling argues that this accident was a triggering event that enraged Bowling, overthrew his judgment, and caused him to get out of his car and kill the Earleys. This theory, Bowling argues, would explain the otherwise motiveless killing of the Ear-leys and would also explain why Bowling did not simply get out of his ear and shoot the Earleys rather than damaging his own car first. Bowling acknowledges that he has submitted no evidence supporting his argument that an EED instruction was necessary. He argues merely that we should infer from the very fact that a car accident preceded the shootings that the car accident must have triggered an uncontrollable rage that caused the shootings. The facts of this case do not support such an inference. Bowling’s accident involved a parked car in a parking lot far away from the street. It resulted in no physical injury to Bowling and only minor damage to both cars. Bowling’s car remained drivable. In fact, his car only suffered light damage to its front right-hand side; according to expert testimony and photographic evidence, only the right front fender and its parking light assembly were damaged. As Bowling’s car was only impacted in the front right-hand side, it is clear that Bowling would have been able to see the impending collision. This suggests that Bowling either intentionally caused the accident or at least had knowledge that a collision was impending before it happened. These facts make Bowling’s claim of EED grossly implausible. Bowling has introduced no evidence, such as that of a accident-reconstruction specialist, to support his claim. He simply asks us to infer that the accident so enraged him as to overcome his judgment and cause him to act uncontrollably from the accident’s impelling force. Even if this were the case, however, the extreme emotional disturbance inquiry is not merely a subjective one. It is also, in part, an objective one. Therefore, even if Bowling were to show that he was emotionally enraged within the meaning of Kentucky law, Bowling would still not be able to show a “reasonable explanation or excuse” for his rage. McClellan, 715 S.W.2d at 469. We must agree with the Kentucky Supreme Court that this type of minor car accident in itself does not create a reasonable explanation or excuse for a double homicide. Context also suggests that it was not the accident that caused the shootings. Testimony at trial established that Bowling was seriously depressed and under the influence of alcohol in the days preceding the shooting. Bowling was obsessed with death, made frequent morbid statements like “my time has run out,” and told his mother, if he disappeared, to look for him on family property in Powell County. J.A. at 4558 (Testimony of Iva Lee Bowling). Bowling’s state of mind might also be reflected in the fact that he purchased a gun a few days before the shootings and carried it with him the morning of the shootings. Bowling suggests that these comments and actions support his claim that he was extremely emotionally disturbed at the time of the shootings. In reality, however, these comments and actions undercut his claim — for in order for Bowling to be entitled to an EED instruction, Kentucky law requires that the accident itself be the “dramatic event which creates a temporary emotional disturbance as opposed to a more generalized mental derangement.” Stanford, 793 S.W.2d at 115. All of Bowling’s evidence suggests general mental illness, not a temporary and extreme emotional disturbance stemming from the accident. See McClellan, 715 S.W.2d at 468 (noting that “the condition must be a temporary disturbance of the emotions as opposed to mental derangement per se”). As a result, we cannot say that the Kentucky Supreme Court’s decision that an EED instruction was not necessary was objectively unreasonable. 2. Instructions in the Penalty Phase Bowling’s next claim is that he should have been granted a specific mitigating instruction on EED, mental illness, and intoxication in the penalty phase. Bowling complains that he was only given a general instruction on mitigation, which allowed the jury to consider any evidence they found mitigating, but did not specifically instruct them to take into account evidence of EED, mental illness, or intoxication. On appeal, the Kentucky Supreme Court upheld the general mitigating in-struction, stating that Bowling was not constitutionally entitled to anything more. Bowling I, 873 S.W.2d at 180. The Kentucky Supreme Court is correct. The United States Supreme Court rejected Bowling’s claim in Boyde v. California, 494 U.S. 370, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990), where the Court held that a catch-all instruction on mitigation was constitutionally sufficient unless the instructions as a whole created “a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence.” Id. at 380, 110 S.Ct. 1190; see also Buchanan v. Angelone, 522 U.S. 269, 276, 118 S.Ct. 757, 139 L.Ed.2d 702 (1998). An examination of the actual jury instructions reveals that there was no realistic chance of confusion. The jury instructions correctly explain that the defendant is presumed to be innocent of the aggravating circumstance, and that the aggravating circumstance must be proved by the prosecution beyond a reasonable doubt. For each crime, the instructions explain that the jury need not impose the death penalty simply because the aggravating circumstance is proved beyond a reasonable doubt. They explain that the death penalty can be imposed despite the existence of a mitigating circumstance, but only if the aggravating circumstances outweigh the mitigating ones. Most importantly, the jury instructions explicitly call upon the jury to consider the mitigating evidence generally: [Y]ou shall consider such mitigating or extenuating facts and circumstances as have been presented to you in the evidence including, but not limited to, such of the following as you may believe from the evidence; (a) that the Defendant has no significant history of prior criminal activity. You shall consider any other facts and circumstances which you consider to be mitigating or extenuating even though they are not listed in this instruction. J.A. at 5106-07 (italics added). The instruction clearly allows, and in fact commands, the jurors to consider evidence that they find mitigating. There is no reason to assume that the jury did not consider the evidence of EED, mental illness, and intoxication as potential mitigating evidence. Cf. Payton v. Woodford, 299 F.3d 815, 818-19 (9th Cir.2002) (granting habeas relief under AEDPA to a defendant whose evidence of a post-crime conversion and good works was likely not considered by the jury because the catch-all provision of the instructions only allowed the jury to consider circumstances that “extenuate[d] the gravity of the crime”). The mere fact that the jury was not given a particularized instruction on EED or mental illness, as opposed to a more generalized one, is simply not a constitutional wrong. D. Ineffective Assistance of Counsel Bowling’s next set of claims for relief arises from his allegation that he was provided with ineffective counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Bowling alleges that his counsel was constitutionally defective in six principal ways. Specifically, he asserts that counsel failed (1) to investigate the victims’ drug activities, which would have led them to another viable suspect, Donald Adams, (2) to consult with Bowling before and during trial, (3) to present evidence that would have justified an instruction on EED and mitigation evidence more generally, (4) to prepare adequately before trial because of a pending criminal indictment against one of Bowling’s attorneys, (5) to contact a potentially exculpatory witness, and (6) to impeach effectively the government witnesses. In order to succeed on any of these claims of ineffective assistance of counsel, Bowling must show two things. First, he must show that his counsel’s performance was constitutionally deficient, and second, he must show that he was prejudiced by his counsel’s errors. Id. at 687, 104 S.Ct. 2052. In order to prove his counsel constitutionally deficient, Bowling must show that his counsel’s 'performance fell below an objective standard of reasonableness under prevailing professional norms. Id. at 687-88, 104 S.Ct. 2052. Bowling must overcome the “presumption that, under the circumstances, the challenged action might be considered sound trial strategy.” Bell v. Cone, 535 U.S. 685, 698, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002) (quotations omitted). Having proved his counsel deficient, Bowling must then show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052. A “reasonable probability” in this context is a “probability sufficient to undermine confidence in the outcome.” Id. 1. Failing to Investigate the Victims Bowling’s first claim of ineffective assistance, which was discussed extensively at oral argument though not given much attention in the parties’ appellate briefs, is that his counsel did not properly investigate the Earleys’ involvement with drugs. If his counsel had performed a proper investigation, Bowling argues, they would have discovered that Eddie Earley had informed Lexington police of the drug activities of Donald Adams and that Donald Adams was the one who presumably shot the Earleys. To support his claim, Bowling points to a memorandum written by his attorneys roughly six weeks before trial. This memorandum lists twenty-seven tasks that counsel said they needed to accomplish before trial. One of these, task number twenty one, is an interview with Larry Walsh, who was the chief of Lexington police at the time. The memorandum states that they should interview Walsh because he was “friends with the victims” and because Eddie Earley “provided information concerning Donald Adam[’s] drug activity.” J.A. at 1237. We note that task number twenty is counsel’s statement that they should interview Donald Adams, who “supposedly had [an] affair with Tina, and sold dope to Eddie.” J.A. at 1237. Counsel never interviewed Walsh. Bowling claims that if Walsh had been interviewed, Bowling’s counsel would have found that Donald Adams was the one who killed the Earleys, or, at the very least, Bowling’s counsel would have been able to create reasonable doubt by arguing that Adams committed the murders. We must note that Bowling’s theory that Donald Adams was involved in the murders is farfetched. Though Bowling never really explains how Donald Adams could have been the murderer under the facts adduced in the case, he seems to intimate that Adams must have stolen Bowling’s car, committed the murders, and then deposited Bowling’s car on the Bowling family’s property. Among the more obvious problems with Bowling’s theory is the fact that Bowling does not explain why Adams would choose to frame Bowling for the murders, how Adams stole Bowling’s car, how Adams knew where Bowling’s family property in rural Powell County was located, and — most importantly — how Jack Mullins and Jack Strange could have both identified Bowling near the Powell County property if he had not been there. The implausibility of Bowling’s thesis that Donald Adams was in fact the killer makes it virtually impossible for Bowling to prove that his counsel was constitutionally deficient for not investigating this theory. In light of the tenuous connection between Adams and the murder, counsel’s decision not to investigate further does not seem unreasonable. In fact, the memorandum that Bowling uses to show that his attorneys were deficient seems to support the opposite conclusion. The memorandum reveals a methodically organized defense team, and the mere fact that Bowling’s attorneys failed to accomplish all of the tasks they set out for themselves may be an indication of their early ambitiousness rather than their later negligence. Moreover, Bowling has put forth no evidence of prejudice. Bowling has not shown that anything inculpatory about Adams would have come out of an interview with the police chief. Bowling suggests that his attorneys would have at least discovered that Eddie Earley had previously informed on Donald Adams and that Donald Adams may have slept with Tina Earley. Bowling’s attorneys, however, already suspected this. Bowling has put forth no evidence going beyond these facts; Bowling has not shown that Donald Adams was in any way actually connected to the Earleys’ murders. Bowling has therefore not shown that the Kentucky Supreme Court’s decision denying relief on this claim was unreasonable. Bowling II, 981 S.W.2d at 550. 2. Failing to Consult with Bowling As explained in Part I.B, supra, Bowling first claimed ineffective assistance in the trial itself. Between the guilt and penalty phases, Bowling sought to have his counsel removed because Bowling felt they were unprepared. Bowling claimed that he did not have ample chance to explain the facts of the case to his attorneys because he had “not spent an hour, total, with any of them from day one.” J.A. at 4921 (Trial Tr.). The few times that they did talk, Bowling claims, he was interrupted and ignored. While Bowling’s attorneys did not put on a single witness, Bowling claimed that there were numerous witnesses who could have been called. The Kentucky Supreme Court quickly rejected this claim on direct appeal, stating that “[t]he trial judge determined that the trial strategy used by Bowling’s counsel had a better chance of success than any of which the trial judge could think in light of the strong evidence of guilt presented by the prosecution.” Bowling I, 873 S.W.2d at 180. This claim of ineffective assistance of counsel fails. First, it is not clear that Bowling has shown constitutional deficiency. The Supreme Court has emphasized that the focus of the Sixth Amendment is not on “the accused’s relationship with his lawyer,” but on “the adversarial process.” Wheat v. United States, 486 U.S. 153, 159, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988) (quotation omitted); see also Dick v. Scroggy, 882 F.2d 192, 197 (6th Cir.1989) (holding, in a non-capital case, that Strickland was not violated when the defendant’s attorney did not interview the defendant until the night before trial, and then for only thirty to forty-five minutes). Yet, the one-hour total consultation time that Bowling cites is alarming, and courts have granted habeas relief under such conditions. See, e.g., Harris By and Through Ramseyer v. Wood, 64 F.3d 1432, 1436, 1438-39 (9th Cir.1995) (holding that Strickland was violated when the defendant’s counsel, among many other deficiencies, met with his client in a capital case for less than two hours). We are concerned, however, by the fact that Bowling has done nothing to substantiate this bare allegation. Bowling has not even submitted a personal affidavit verifying the one-hour total consultation figure. Bowling’s trial counsel signed affidavits stating their general strategy and admitting that they never interviewed Chief Walsh of the Police Department. Though they easily could have done so, these affidavits never mention the one-hour total consultation figure. Instead of providing that sort of substantive evidence, Bowling simply raises this claim in his briefs, often making very limited claims like, “Lead counsel at trial appears to have visited Mr. Bowling for a mere hour, cumulative,” without any supporting evidence. J.A. at 1843 (Motion for Post-Conviction Relief) (italics added). Moreover, the one-hour figure seems implausible, given that Bowling’s trial lawyers could not have found the witnesses who testified at the penalty phase (which included Bowling’s coworkers and jail supervisors) or discovered the rest of their submitted evidence without Bowling’s aid. It also seems strange, for example, that Bowling’s lawyers would have Bowling attend a psychological examination with a psychologist for nine hours and meet with him for only one. Even, however, if the one-hour total consultation figure is accurate and Bowling has made out deficiency, Bowling has not shown the prejudice that his Strickland argument requires. As noted by the federal district court, Bowling has not shown how additional time spent with counsel could have altered the outcome of his trial. Bowling claimed in the colloquy with the state trial judge that numerous witnesses could have been called, but Bowling never specifically named anyone and stated in front of the trial judge that he would not testify himself. Bowling has not even alleged factually how additional time with his counsel would have aided his case or helped counsel obtain names of people to testify on his behalf. Bowling cannot therefore show prejudice; the mere fact that counsel spent little time with him is not enough under Strickland, without evidence of prejudice or other defects. As a result, Bowling has not shown that the Kentucky Supreme Court’s decision denying him'relief on this ground is unreasonable. 3. Failing to Present EED and Other Mitigating Evidence Bowling’s next claim is that his counsel was ineffective in their efforts to present evidence of an EED defense in the guilt phase and to present general evidence of mitigation in the penalty phase. Bowling claims that his lawyers did not present evidence that could have garnered Bowling a mitigating instruction under Ky. Rev. Code AnN. § 532.025(2)(b)(2) and (7), which allow for mitigation upon a showing of “extreme mental or emotional disturbance” or a lack of capacity “to appreciate the criminality of his conduct [or to conform the conduct] to the requirements of .law ... as a result of mental illness or retardation or intoxication.” Bowling makes several arguments. He argues that his lawyers failed to understand the Kentucky requirements of EED. He argues that his lawyers hastily prepared their expert Dr. Beal and that they should have presented him in the penalty phase. Bowling alleges that his lawyers did not put on Dr. Beal because Beal did not return a phone call. Bowling also argues that counsel in the penalty phase should have submitted evidence that Bowling had a growth removed from his head at age seven, sustained serious head injuries, had a violent alcoholic father, and suffered a history of alcohol abuse and blackouts. The Kentucky Supreme Court rejected all of these assorted claims. Bowling II, 981 S.W.2d at 550. Some of Bowling’s claims clearly have no merit. Bowling claims that Beal’s analysis was a hasty last-minute effort, but Beal spent nine hours with Bowling, interviewed several members of Bowling’s family, examined medical and family records, and wrote a written report. Bowling argues that his lawyers did not understand the Kentucky requirements of EED, but Bowling has offered no evidence to support this claim, and our review of the transcript suggests otherwise. Bowling’s chief objection seems to be a challenge to his counsel’s decision not to put Dr. Beal on the stand. Many sensible reasons could justify this decision. First, if Beal had testified to Bowling’s mental deterioration before the crime, that might have implicitly suggested to the jury that Bowling was the murderer. The decision not to call Beal as a witness may have been a necessary consequence of Bowling’s insistence on not abandoning his claim of innocence in the guilt phase. Bowling claims, however, that his attorneys were simply lazy, pointing to the following statement that his attorneys made in deciding to rest his case: Assuming that we — I mean, we are going to rest. We were — I didn’t mean to seem like we were stringing him along. I do want them to know that we were considering putting Dr. Veal [sic] on this afternoon. We needed to talk to him about some additional information that we had. He did not get back to us. On further reflection, we decided to rest. J.A. at 4757. In isolation, this comment suggests that his attorneys may have chosen not to call Beal as a witness because they could not find him. Even if this is true, however, it was better for Bowling that his attorneys did not call Dr. Beal to testify, as it is clear that Beal’s testimony was not going to help Bowling establish extreme emotional disturbance. Beal’s report states: There is no evidence that the mental disorders substantially impaired this man[’]s behavior with respect to the alleged actions, such that he lacked substantial capacity to appreciate the criminality of his conduct, or that he was unable to conform his conduct to the requirements of the law. In my opinion Mr. Bowling was legally sane at the time of the offenses for which he is charged. J.A. at 5320 (Beal Report). The report contains other damaging observations as well. In his psychological assessment of Bowling, Beal reported Bowling as having a tendency to be “angry, irritable, resentful” and “asocial,” and said that his offenses could be expected to be “vicious and assaultative ... senseless, poorly planned, and poorly executed.” J.A. at 5328. Moreover, it is clear that Dr. Beal did not think Bowling was entitled to an EED instruction. One of Bowling’s attorneys wrote a memorandum describing his conversation with Dr. Beal, during which Dr. Beal suggested that “Bowling was in a frame of enraged anger prior to the murders, and we discussed that this did not appear to be a heat of passion kind of thing, but rather something that had been developing several days earlier.” J.A. at 5335 (Att’y Memorandum) (italics added). This would be very damaging information, for as we noted, supra at Part II.C, in our discussion of extreme emotional disturbance, it would, in fact, destroy Bowling’s request for an EED instruction under Kentucky law. See McClellan, 715 S.W.2d at 468. Because Beal’s testimony was not going to help Bowling, it was certainly reasonable (and perhaps ultimately better for Bowling) that Bowling’s counsel chose to rely on the testimony of their favorable lay witnesses, Bowling’s sister and mother, who testified to his deteriorating state of mind, as well as on the state’s mental health expert, Dr. Smith, whose report seems more helpful to the defense than the one of Dr. Beal. See Bowling II, 981 S.W.2d at 550 (noting that the State’s profile “aided Appellant in his case more than his own psychologist’s profile”). Dr. Smith, in contrast to Dr. Beal, believed that it was “unlikely but not impossible that Mr. Bowling, as a result of mental disease or defect, lacked substantial ability to comprehend the criminality of his behavior or to conform his behavior to the requirements of law.” J.A. at 5186-87 (Smith Report). Smith’s report also states that Bowling “suffers from Alcohol Abuse” and that at the time of the accident Bowling either “suffered from a major psychiatric disorder or ... was suffering an ordinary reaction to the loss of his wife occurring in an alcoholic individual with this [Antisocial and Borderline] personality disorder.” J.A. at 5186. Since Beal’s testimony was not going to aid Bowling, Bowling cannot show ineffective "assistance of counsel for the failure to present it. Even if Bowling is right and his attorneys were not making a tactical error but were being deficient in failing to present Beal, Bowling cannot show prejudice. Finally, Bowling argues that his counsel could and should have submitted evidence that Bowling had a growth removed from his head at age seven, serious head injuries, a violent alcoholic father, and a history of alcohol abuse and blackouts. As an initial matter, Bowling did present some of this information. His sister and mother testified to his drinking, the prevalence of mental illness in the family, and his strange behavior during the weeks before the shooting. Bowling has not submitted evidence that he suffered from a violent alcoholic father. Bowling’s evidence that he had a growth removed from his head and a serious head injury comes from an initial doctor’s report noting the head growth and the fact that Bowling was in a boating accident as. a child that left him unconscious. Beal’s report, however, considered this earlier report, and did not think the head growth and childhood injury worthy of mention. This evidence, though not presented, does not seem to have much importance. Bowling’s counsel submitted these facts to their expert, who seemed to view them as trivial and not worth pursing. It was therefore reasonable for counsel to make the strategic decision to pursue other avenues of relief for Bowling by stressing his drinking, mood swings, and increasing depression. Moreover, Bowling cannot show any prejudice from this alleged deficiency, because it is simply unrealistic to say that knowledge of these two minor childhood incidents, which have no apparent connection to the present, could have changed anything. Bowling has not shown deficiency or prejudice as those terms have been used in other binding precedent. Cf. Terry Williams v. Taylor, 529 U.S. 362, 395-98, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000) (finding ineffective assistance when counsel failed to introduce evidence that the defendant was borderline mentally retarded and was severely and repeatedly beaten by his father); Coleman v. Mitchell, 268 F.3d 417, 450-53 (6th Cir.2001) (finding ineffective assistance when counsel failed to report that the defendant was borderline mentally retarded and sexually abused by his grandmother who involved him in her voodoo and group sex practices), cert. denied, 535 U.S. 1031, 122 S.Ct. 1639, 152 L.Ed.2d 647 (2002); Carter v. Bell, 218 F.3d 581, 593-94, 600 (6th Cir.2000) (finding ineffective assistance when counsel failed to introduce medical records showing multiple childhood and adult head injuries from accidents and fights, and physician recommendations for psychiatric hospitalization); Glenn v. Tate, 71 F.3d 1204, 1208, 1211 (6th Cir.1995) (finding ineffective assistance when counsel failed to introduce evidence showing that the defendant sustained organic brain damage before he was born and was mentally retarded as a result), cert. denied, 519 U.S. 910, 117 S.Ct. 273, 136 L.Ed.2d 196 (1996). 4. Failing to Prepare Because of the Indictment Bowling next claims that his attorney Summers was unprepared because Summers was told on the first day of trial that he was being indicted. Bowling points to an affidavit filed by another of his trial attorneys, Baldani, who stated that Summers was “extremely upset” and asked Baldani to cross-examine the investigating officer, Detective Henderson. J.A. at 1243 (Baldani Aff.). In Bowling’s post-conviction appeal, the Kentucky Supreme Court analyzed this claim and stated that “[wjith no evidence that counsel’s indictment had any negative implications on Appellant’s trial, we cannot conclude that Appellant was denied effective counsel in this respect.” Bowling II, 981 S.W.2d at 550. The Kentucky Supreme Court is correct. Bowling has not even alleged that the performance of his defense team was hampered when Baldani had to take over for Summers. Neither Baldani in his affidavit nor Bowling in his brief makes any claim that' Summers would have done a better job than Baldani did. On direct examination, Detective Henderson related the events surrounding Bowling’s arrest in Knoxville, told of retrieving Bowling’s personal effects, and testified about interviewing the witnesses placing Bowling on the road near where his car was discovered on the evening of the murder. On cross-examination, Baldani got Henderson to admit that none of the personal effects had blood on them and that the car itself did not have blood on it either. No part of Baldani’s cross-examination seems substandard and Bowling has not even suggested anything that Baldani failed to ask. This claim therefore fails. 5. Failing to Investigate the Message With the Police Bowling also argues that a message left within the police department long before the trial took place suggests that there may be another witness to the crime. The message is from an officer who had a friend whose boyfriend was a witness to the accident. The message reports only that the “incident occured [sic] over a fender bender type accident.” J.A. at 1779. Bowling contends that his counsel was ineffective for not taking steps to investigate who sent the message. Even assuming that Bowling could show his counsel was deficient for failing to do so, Bowling cannot prove prejudice. Bowling argues that if his counsel had been able to find this witness, then the witness could have rebutted the prosecution’s theory that Bowling had intentionally rammed the car, which would have entitled Bowling to an instruction on EED. Bowling, however, has no evidence that the witness would testify that the incident was accidental or that an accidental collision would have been sufficient to warrant an instruction on EED. In fact, it seems likely that the witness would have hurt Bowling’s case. The only thing known about the witness is that she described the accident preceding the shootings as a fender bender. This tends to suggest that the accident was an extremely minor one, which would contradict Bowling’s claim that the accident was so jarring as to make him lose control over his actions and shoot the Earleys. Moreover, as the Kentucky Supreme Court stressed, “[i]t was not the lack of evidence pertaining to the collision, but rather the lack of evidence showing the effect the collision had upon Appellant that precluded the EED instruction.” Bowling II, 981 S.W.2d at 549. As a result, this claim of error also fails. 6. Failing to Impeach the Prosecu- . tion’s Witnesses Bowling’s last claim of ineffective assistance of counsel is that his counsel inadequately cross-examined Clay Brack-ett. Bowling argues that an adequate cross-examination of Brackett, who sold Bowling the murder weapon, would have shown that he testified pursuant to a covert deal struck with police who agreed not to pursue him for failing to register his firearms. The Kentucky Supreme Court rejected this claim as well. Bowling II, 981 S.W.2d at 550. Bowling, however, has put forth no evidence of an agreement between Brackett and the government. Without any evidence supporting Bowling’s claim, we cannot say that the Kentucky Supreme Court’s decision to deny relief on these grounds was improper, let alone unreasonable. E. Evidentiary Hearing Bowling next claims that the district court erred by denying him a federal evidentiary hearing in conjunction with his habeas petition. Bowling seeks an evidentiary hearing to investigate one of his Brady claims and a few of his ineffective assistance of counsel claims. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Specifically, Bowling wants to investigate whether the prosecution had any internal documents linking the Earleys to Donald Adams (and thus Donald Adams to the crime itself), and whether Bowling’s counsel was defective for not further investigating Adams. Bowling also seeks an evidentiary hearing to establish whether his counsel was ineffective for failing to investigate a potential deal the government made with Clay Brackett. Bowling was never granted any post-conviction evidentiary hearing by the Kentucky state courts, but requested an evidentiary hearing in the direct appeal and post-conviction proceedings. We conclude that the district court did not err in denying Bowling an evidentiary hearing. The first hurdle that Bowling must jump is 28 U.S.C