Full opinion text
CARNES, Circuit Judge: In November of 1991 Dortha Cribbs left her home in Ohio to drive to Florida to sell a trailer and get her vacation home down there ready to sell. Allen v. State, 662 So.2d 323, 325 (Fla.1995) (“Allen I”). The year before, Lloyd Allen Chase had escaped from a prison work release program in Kansas and headed east. Id. at 327, 331. Unfortunately for Cribbs, their paths crossed at a truck stop in Atlanta, where they struck up a relationship. Id. at 325-26. Their relationship ended when Allen stabbed Cribbs to death and stole her car in Summerland Key, Florida on November 13, 1991. Id. at 325-27. Allen was arrested in California three months later and brought back to Florida. During his first meeting with his appointed attorney, Allen set out the terms of their relationship. He said it was going to be “a Frank Sinatra case,” by which he meant they were going to conduct the case the way he wanted. Cf. Frank Sinatra, My Way (Reprise Records 1969). He told the attorney that “from start to finish on my case we [are] going to do it my way; not the way [you] thought or the way [the prosecutors] thought, we will do it my way because it is my case.” In the words of the song that served as his inspiration, Allen “planned each charted course, each careful step along the byway” of the defense, and when done he could say that he “saw it through without exemption,” and “I faced it all and I stood tall and did it my way.” Id. After he was convicted Allen insisted on his right to represent himself before the jury at sentencing, where he told the jurors “[t]his is my trial and at this time we can do it my way,” and “there is not going to be any excuses today and there will not be any mitigating factors here,” and urged the jury to impose a death sentence. The jury voted 11 to 1 to recommend the sentence he wanted, and the judge gave it to him, letting him “face the final curtain,” id., on his own terms. Allen I, 662 So.2d at 327. After Allen was sentenced to death, however, he changed his tune. He no longer wants to boast about doing things his way. Instead, he wants to shift the blame for his death sentence to his trial counsel on several grounds, including the fact that counsel followed Allen’s orders not to investigate mitigating circumstances or attempt to put on any evidence of them during the sentence proceedings. The convictions and sentences occurred in 1993. Over the course of the next fourteen years, they were affirmed, state collateral relief was denied, and the denial of it was affirmed in the Florida courts. See Allen v. State, 957 So.2d 635 (Fla.2007) (“Allen III”); Allen v. State, 854 So.2d 1255 (Fla.2003) (“Allen II”); Allen I, 662 So.2d 323; Florida v. Allen, No. 92-30056-CF (Fla.Cir.Ct. Dec. 18, 2001). A recounting of the facts, evidence, and procedural history of the case is contained in those opinions and in the order of the United States District Court for the Southern District of Florida, denying Allen’s petition for a writ of habeas corpus. Allen v. McNeil, No. 03-10077, 2009 WL 856017 (S.D.Fla. Mar. 31, 2009). After denying Allen’s habeas petition, the district court granted a certificate of appealability as to the Brady and ineffective assistance of counsel issues that Allen had raised in that court. I. THE LEGAL FRAMEWORK Under the Antiterrorism and Effective Death Penalty Act of 1996, a federal court may not grant Allen habeas relief unless the state court’s decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) ... 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); Hammond v. Hall, 586 F.3d 1289, 1306 (11th Cir.2009); LeCroy v. Sec’y, Fla. Dep’t of Corr., 421 F.3d 1237, 1259 (11th Cir.2005). “We review de novo the district court’s decision about whether the state court acted contrary to clearly established federal law, unreasonably applied federal law, or made an unreasonable determination of fact.” Smith v. Sec’y, Dep’t of Corr., 572 F.3d 1327, 1332 (11th Cir.2009). “A state court decision is contrary to clearly established federal law if it applies a rule that contradicts the governing law set forth in Supreme Court cases or confronts facts that are materially indistinguishable from a relevant Supreme Court precedent and arrives at a result opposite to the Court’s.” Windom v. Sec’y, Dep’t of Corr., 578 F.3d 1227, 1247 (11th Cir.2009) (per curiam) (quotation and other marks omitted). A state court decision involves an unreasonable application of clearly established federal law when “it identifies the correct legal rule from Supreme Court case law but unreasonably applies that rule to the facts of the petitioner’s case.” Putman v. Head, 268 F.3d 1223, 1241 (11th Cir.2001) (citation omitted). “In cases where an applicant for federal habeas relief is not barred from obtaining an evidentiary hearing by 28 U.S.C. § 2254(e)(2), the decision to grant such a hearing rests in the discretion of the district court.” Schriro v. Landrigan, 550 U.S. 465, 468, 127 S.Ct. 1933,1937, 167 L.Ed.2d 836 (2007). The Supreme Court has instructed us that where there is no § 2254(e)(2) bar, “[i]n deciding whether to grant an evidentiary hearing, a federal court must consider whether such a hearing could enable an applicant to prove the petition’s factual allegations, which, if true, would entitle the applicant to federal habeas relief.” Id. at 474, 127 S.Ct. at 1940; see also Boyd v. Allen, 592 F.3d 1274, 1304-05 (11th Cir.2010); Aron v. United States, 291 F.3d 708, 715 n. 6 (11th Cir.2002); Diaz v. United States, 930 F.2d 832, 834 (11th Cir.1991); 28 U.S.C. § 2254(d)(2), (e)(1). A district court is not required to hold an evidentiary hearing if the claims “are merely conclusory allegations unsupported by specifics,” Boyd, 592 F.3d at 1305 (quotation marks omitted), or “if the record refutes the applicant’s factual alleations or otherwise precludes habeas relief,” Schriro, 550 U.S. at 474, 127 S.Ct. at 1940. As the Supreme Court has explained, “[b]eeause the deferential standards prescribed by § 2254 control whether to grant habeas relief, a federal court must take into account those standards in deciding whether an evidentiary hearing is appropriate.” Schriro, 550 U.S. at 474, 127 S.Ct. at 1940. II. ALLEN’S BRADY CLAIMS In Brady v. Maryland the Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused ... violates due process where the evidence is material either to guilt or to punishment.” 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963). A Brady violation has three components: “[1] The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; [2] that evidence must have been suppressed by the State, either willfully or inadvertently; and [3] prejudice must have ensued.” Strickler v. Greene, 527 U.S. 263, 281-82, 119 S.Ct. 1936, 1948, 144 L.Ed.2d 286 (1999). The prejudice or materiality requirement is satisfied if “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985) (quotation marks omitted); see also Kyles v. Whitley, 514 U.S. 419, 433, 115 S.Ct. 1555, 1565, 131 L.Ed.2d 490 (1995). Materiality is determined by asking whether the government’s evidentiary suppressions, viewed cumulatively, undermine confidence in the guilty verdict. See Kyles, 514 U.S. at 434, 436-37 & n. 10, 115 S.Ct. at 1566-67 & n. 10; see also Hammond, 586 F.3d at 1305-06; Smith, 572 F.3d at 1334. Allen’s Brady claims are based on allegations that the State withheld Florida Department of Law Enforcement laboratory reports indicating that: (1) two hairs found in or on Cribbs’ hand did not match Allen’s hair; (2) hair samples taken from Cribbs for comparison purposes were contaminated and could not be tested; and (3) none of the latent fingerprints recovered from Cribbs’ car matched Allen’s prints. The Florida Supreme Court denied Allen’s Brady claims, determining that he was not prejudiced by the withholding of those reports. See Allen II, 854 So.2d at 1258-60. With regard to the report about the two hairs found in or on Cribbs’ hand, the Florida Supreme Court explained that: “[ajlthough the hair analysis excluded Allen as the source, it did not exclude the victim; and due to contamination, the two hairs cannot be examined further. Thus, the analysis neither supported nor negated Allen’s argument that an unidentified third person committed the murder.” Allen II, 854 So.2d at 1260. The court summarily rejected the other two Brady allegations, finding that they “lack merit because Allen was not prejudiced by [those and other] alleged errors.” Id. at 1258 n. 5. The reasoning behind the summary rejection of those two other Brady claims is not difficult to discern. Having a report indicating that some potential evidence, which was not introduced at trial, was too contaminated to use does not indicate that but for the contamination it would have implicated someone else in the crime. While Allen argues that he could have used the fact that the hair samples were contaminated to argue that all of the forensic evidence was suspect, the only contamination error the allegedly suppressed report mentions is that a labeling error occurred. That error had no impact on the evidence that was actually introduced at trial. As for the report that Allen’s fingerprints were not recovered from Cribbs’ car, that proves nothing. It was undisputed that Allen, who had taken up with and traveled with Cribbs, was in her ear numerous times. He has never denied that, nor could he. Allen nonetheless contends that the Florida Supreme Court’s Brady analysis deserves no deference under AEDPA because it was contrary to, or an unreasonable application of, federal law. Specifically, he asserts that the Florida Supreme Court failed to analyze the cumulative effect of the multiple non-disclosures. Allen emphasizes that in Kyles the United States Supreme Court reversed a decision whose “repeated references dismissing particular items of evidence as immaterial ... suggested] that cumulative materiality was not the touchstone.” 514 U.S. at 440, 115 S.Ct. at 1569. The threshold problem with Allen’s contention is that he has not convinced us that any of the undisclosed reports were favorable to the defense at all. If they are not favorable, then there was no suppression of favorable evidence to begin with, and that is the end of the Brady inquiry. Even assuming, however, that one of the reports was favorable to the defense in some useful way, cumulative materiality consideration would still be beside the point unless another report was favorable as well. Adding nothing to any weight does not increase that weight. In any event, even if we assume that the undisclosed reports somehow would have found their way into evidence at trial and would have helped the defense, Allen has not carried his burden of showing that the Florida courts refused to conduct the cumulative materiality review required by Kyles. In the motion for post-conviction relief he filed in the state trial court, Allen repeatedly asserted that the touchstone of that court’s analysis should be cumulative materiality. He explained that the proper test is whether the court “can be confident that the jury’s verdict would have been the same,” Kyles, 514 U.S. at 453, 115 S.Ct. at 1575, and argued that he could meet that standard, “particularly in light of the cumulative effect of the other errors described in this pleading.” Later in his motion, Allen told the court that it “must consider the cumulative effect of all the evidence not presented to the jury whether due to trial counsel’s ineffectiveness, the State’s misconduct, or because the evidence is newly discovered.” He cited Kyles again, as well as two cases in which the Florida Supreme Court had assessed prejudice cumulatively. See Swafford v. State, 679 So.2d 736, 739 (Fla.1996) (per curiam) (granting an evidentiary hearing to determine the materiality of a new affidavit “when viewed in conjunction” with other evidence); State v. Gunsby, 670 So.2d 920, 924 (Fla.1996) (holding that cumulative effect of Brady violations and ineffective assistance undermined confidence in the verdict, and that a new trial was required because there was a reasonable probability of a different outcome). Allen also devoted an entire claim in his motion for post-conviction relief to the argument that his trial “was fraught with procedural and substantive errors which cannot be harmless when viewed as a whole.” He argued that “the sheer number and types of errors involved in his trial, when considered as a whole, virtually dictated the verdict and sentence that he would receive.” To bolster that argument, Allen cited three more Florida Supreme Court decisions that ordered a new trial because the cumulative effect of numerous errors was prejudicial. See Jackson v. State, 575 So.2d 181, 189 (Fla.1991) (“[E]ven though each of the alleged errors, standing alone, could be considered harmless, the cumulative effect of such errors was such as to deny to defendant [a] fair and impartial trial ....” (quotation marks omitted)); Nowitzke v. State, 572 So.2d 1346, 1350 (Fla.1990) (cumulative effect of prosecutorial improprieties); Jones v. State, 569 So.2d 1234, 1240 (Fla.1990) (cumulative effect of penalty phase errors). Allen urged the state trial court to conclude, based on all the allegations in his petition, that “[t]he results of the trial and sentencing are not reliable.” In response, the State never disputed that the materiality standard is to be applied cumulatively where there are multiple suppressions. When the Brady issues reached the Florida Supreme Court, Allen again emphasized that cumulative materiality is the touchstone. He summarized the Kyles decision and explained that it “requires a cumulative evaluation of the evidence.” Allen compared his case to Gunsby, the leading Florida decision examining cumulative error. See Gunsby, 670 So.2d at 924. “Similarly,” Allen said, “the combination of trial counsel’s deficient performance at the guilt phase, coupled with Brady violations, undermines the confidence in the outcome of the trial.” Allen argued that all the alleged procedural and substantive errors, when considered “as a whole,” resulted in prejudice requiring a new trial. Again, the State accepted the premise of Allen’s argument — that prejudice should be considered cumulatively— but asserted that there was no cumulative error. The Florida Supreme Court affirmed the state collateral trial court’s denial of Allen’s Brady claims. Allen II, 854 So.2d at 1258-60. Although the court did not specifically refer to a “cumulative” analysis of materiality, or to the United States Supreme Court’s discussion of that issue in Kyles, our deference to state court decisions does not depend on the use of keywords. The usual “presumption that state courts know and follow the law” is even stronger in the AEDPA context because § 2254(d)’s “highly deferential standard for evaluating state-court rulings ... demands that state-court decisions be given the benefit of the doubt.” Woodford v. Visciotti 537 U.S. 19, 24, 123 S.Ct. 357, 360, 154 L.Ed.2d 279 (2002) (internal citation omitted); see also Bell v. Cone, 543 U.S. 447, 455, 125 S.Ct. 847, 853, 160 L.Ed.2d 881 (2005) (“Federal courts are not free to presume that a state court did not comply with constitutional dictates on the basis of nothing more than a lack of citation.”). “In order to merit AEDPA deference the state court need not expressly identify the relevant Supreme Court precedent, nor make a perfect statement of the applicable rule of law, nor provide a detailed opinion covering each aspect of the petitioner’s argument.” Smith, 572 F.3d at 1333; see also Parker v. Sec’y, Dep’t of Corr., 331 F.3d 764, 776 (11th Cir.2003) (“All that is required under § 2254(d)(1) is an adjudication on the merits, not a full state court opinion.”); Wright v. Sec’y, Dep’t of Corr., 278 F.3d 1245, 1254-56 (11th Cir.2002). With that presumption in mind, we have no problem finding that the Florida Supreme Court followed the applicable rule of law. For starters, the court did not disagree with the parties’ joint understanding, as indicated in their briefs, that Brady prejudice or materiality, where there are multiple instances of favorable evidence being suppressed, must be assessed cumulatively. See Cone, 543 U.S. at 457 n. 7, 125 S.Ct. at 854 n. 7 (interpreting a state supreme court decision in light of the cases cited and discussed by the parties in their state court briefs). The Florida Supreme Court also stated the correct, overall standard for assessing Brady prejudice. Allen II, 854 So.2d at 1260 (“Evidence is material ‘if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different’ .... The United States Supreme Court has defined ‘reasonable probability’ as ‘a probability sufficient to undermine confidence in the outcome.’” (quoting Strickler v. Greene, 527 U.S. 263, 280, 119 S.Ct. 1936, 1948, 144 L.Ed.2d 286 (1999), and Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 2068, 80 L.Ed.2d 674 (1984))). It is true that the court mentioned that standard in a part of the opinion concerning the only one of the Brady claims that it discussed at any length (the one regarding the hair analysis), but that makes sense because the court had summarily dismissed the other two Brady claims. See id. at 1258 n.5 & 1260. And in its summary dismissal of those two Brady claims (as well as four other non-Brady claims) the court assessed prejudice cumulatively. It said that the “[cjlaims ... lack merit because Allen was not prejudiced by the alleged errors.” Id. at 1258 n. 5. Note the plural. The court did not say that “none of those individual alleged errors was prejudicial.” Instead, it found that Allen was not prejudiced “by the alleged errors” — by all of them taken as a whole — if there were in fact errors. See id.; see also Smith, 572 F.3d at 1333; Parker, 331 F.3d at 776; Wright, 278 F.3d at 1254 (holding that “the summary nature of a state court’s decision does not lessen the deference that it is due” under AEDPA). The fact that the Florida Supreme Court’s own precedent required it to examine prejudice cumulatively is another strong reason for inferring that it did so. See Swafford, 679 So.2d at 739; Gunsby, 670 So.2d at 924; Jackson, 575 So.2d at 189; Nowitzke, 572 So.2d at 1350; Jones, 569 So.2d at 1240. The United States Supreme Court has told us to presume “that state courts know and follow the law,” Visciotti 537 U.S. at 24, 123 S.Ct. at 360, and has also told us that “absent an affirmative indication to the contrary” we must presume that a state supreme court has followed its own prior precedent. See Cone, 543 U.S. at 456, 125 S.Ct. at 853 (“[T]he State Supreme Court had construed the aggravating circumstance narrowly and had followed that precedent numerous times; absent an affirmative indication to the contrary, we must presume that it did the same thing here.”); see also id. at 455, 125 S.Ct. at 853 (“We do not think that a federal court can presume so lightly that a state court failed to apply its own law. As we have said before, § 2254(d) dictates a highly deferential standard for evaluating state-court rulings, which demands that state-court decisions be given the benefit of the doubt. To the extent that the Court of Appeals rested its decision on the state court’s failure to cite [a state law case], it was mistaken. Federal courts are not free to presume that a state court did not comply with constitutional dictates on the basis of nothing more than a lack of citation.” (quotation marks and citations omitted)); Espinosa v. Florida, 505 U.S. 1079, 1082, 112 S.Ct. 2926, 2928, 120 L.Ed.2d 854 (1992) (“[W]e must ... presume that the trial court followed [the] law”); Black v. Romano, 471 U.S. 606, 615, 105 S.Ct. 2254, 2260, 85 L.Ed.2d 636 (1985) (same); Ford v. Strickland, 696 F.2d 804, 811 (11th Cir.1983) (en banc) (“[The] presumption of regularity in state proceedings ... rise[s] to its highest level in considering the work of the highest court of the state.” (citing, inter alia, 28 U.S.C. § 2254(d))). We see no “affirmative indication,” Cone, 543 U.S. at 456, 125 S.Ct. at 853, that the Florida Supreme Court declined to follow its own decisions that recognize Brady materiality analysis must be conducted in a cumulative fashion. Allen argues that an affirmative indication of the court’s failure to follow its own precedent can be found in its item-by-item analysis of materiality. The existence of item-by-item analysis, however, is not inconsistent with a cumulative analysis. “Indeed, the only way to evaluate the cumulative effect is to first examine each piece standing alone.” Maharaj v. Sec’y, Dep’t of Corr., 432 F.3d 1292, 1310 (11th Cir.2005); see also Kyles, 514 U.S. at 437 n. 10, 115 S.Ct. at 1567 n. 10 (“We evaluate the tendency and force of the undisclosed evidence item by item; there is no other way. We evaluate its cumulative effect ... separately.”); Hammond, 586 F.3d at 1313 (“[W]e size up each piece of evidence before aggregating it and considering the cumulative impact. We then weigh that cumulative impact against the inculpatory evidence presented at trial to decide whether our confidence in the guilty verdict is undermined.”); Smith, 572 F.3d at 1346. Allen has not overcome the presumption that the Florida state courts assessed prejudice cumulatively. For all of these reasons, we conclude that the Florida courts’ rejection of the Brady claims that Allen presented is not contrary to or an unreasonable application of federal law as established by the Supreme Court. See § 2254(d)(1). Allen has one 5mdi/-related contention that the Florida courts did not decide because he failed to present it to them. He argues that the Florida Supreme Court should not have limited its Brady materiality analysis to the potential effect of the suppressed reports on the guilt phase of his trial. See Cone v. Bell, — U.S. -, 129 S.Ct. 1769, 1784, 173 L.Ed.2d 701 (2009) (“Evidence that is material to guilt will often be material for sentencing purposes as well .... ”). Allen theorizes that the suppressed reports might have helped him pursue a residual doubt strategy at sentencing. There are two reasons he cannot win with this issue. First, he did not raise it in the state courts and instead limited his Brady claims and arguments there to the effect of the suppressed reports on the guilt phase of his trial. The first time Allen mentioned any potential effect on the penalty phase was in his brief to this Court. That is too late. The claim regarding a spill-over effect on the sentence stage is procedurally barred. See 28 U.S.C. § 2254(b); Lambrix v. Singletary, 520 U.S. 518, 523, 117 S.Ct. 1517, 1522, 137 L.Ed.2d 771 (1997); Gray v. Netherland, 518 U.S. 152, 161, 116 S.Ct. 2074, 2080, 135 L.Ed.2d 457 (1996); Smith, 572 F.3d at 1340-42. The second independently adequate reason that this new claim fails is that under Florida law residual doubt is not considered mitigation. Zeigler v. Crosby, 345 F.3d 1300, 1310 (11th Cir.2003) (per curiam) (“Florida does not recognize residual or lingering doubt as a valid non-statutory mitigating circumstance.”); Darling v. State, 808 So.2d 145, 162 (Fla.2002) (“We have repeatedly observed that residual doubt is not an appropriate mitigating circumstance.”). And there is no constitutional right to have residual doubt considered as mitigation. Oregon v. Guzek, 546 U.S. 517, 526-27, 126 S.Ct. 1226, 1232-33, 163 L.Ed.2d 1112 (2006) (holding that the Constitution does not prohibit a state from limiting the innocence-related evidence a capital defendant can introduce at a sentencing proceeding); Franklin v. Lynaugh, 487 U.S. 164, 174, 108 S.Ct. 2320, 2327, 101 L.Ed.2d 155 (1988) (plurality opinion) (“This Court’s prior decisions, as we understand them, fail to recognize a constitutional right to have such doubts considered as a mitigating factor.”). Thus, in these circumstances evidence favorable to Allen on the issue of guilt could not have been material in the Brady sense at the sentencing phase. III. ALLEN’S GUILT PHASE INEFFECTIVE ASSISTANCE CLAIMS Allen claims that his Sixth Amendment right to counsel was violated at the guilt phase by his counsel’s constitutionally ineffective performance as measured under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He contends that his counsel was ineffective for: (1) failing to investigate and discover evidence of innocence; (2) failing to challenge DNA evidence; (3) arguing that the victim may have committed suicide; (4) failing to impeach a witness who testified that Allen was at Cribbs’ house on the morning of the crime; and (5) failing to discover and present a witness who arguably could have rebutted the State’s case. Under Strickland Allen must make two showings. First, he must show that his counsel’s performance was deficient, which means that it “fell below an objective standard of reasonableness” and was “outside the wide range of professionally competent assistance.” Id. at 688, 690, 104 S.Ct. at 2064, 2066; see also Smith, 572 F.3d at 1349. In deciding whether counsel performed deficiently, courts are to review his actions in a “highly deferential” manner and “must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Strickland, 466 U.S. at 689, 104 S.Ct. at 2065. To overcome Strickland’s presumption of reasonableness, Allen must show that “no competent counsel would have taken the action that his counsel did take.” Chandler v. United States, 218 F.3d 1305, 1315 (11th Cir.2000) (en banc). Second, under Strickland Allen must also show that, but for his counsel’s deficient performance, there is a reasonable probability that the result of the proceeding would have been different— that is, our confidence in the outcome must be undermined by counsel’s deficient performance. Strickland, 466 U.S. at 694, 104 S.Ct. at 2068. “[A] court need not determine whether counsel’s performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.” Id. at 697, 104 S.Ct. at 2069. Under AEDPA, however, Allen must do more than convince a federal court that he can satisfy the Strickland standard. See 28 U.S.C. § 2254(d). Because the Florida courts have already rejected his ineffective assistance claims, Allen must show that their decision to deny relief on these claims was an objectively unreasonable application of the Strickland standard. See Schriro, 550 U.S. at 473, 127 S.Ct. at 1939 (“The question under AEDPA is not whether a federal court believes the state court’s determination was incorrect but whether that determination was unreasonable — a substantially higher threshold.”); Bell v. Cone, 535 U.S. 685, 699, 122 S.Ct. 1843, 1852, 152 L.Ed.2d 914 (2002); Rutherford v. Crosby, 385 F.3d 1300, 1309 (11th Cir.2004) (“[T]he AEDPA adds another layer of deference .... [The petitioner] must also show that in rejecting his ineffective assistance of counsel claim the state court applied Strickland to the facts of his case in an objectively unreasonable manner.” (internal quotation marks and citation omitted)); see also Hammond, 586 F.3d at 1324. A. Failure to Investigate and Discover Evidence of Innocence Allen claims that his counsel was ineffective at the guilt phase for failing to discover and present evidence that on the day Cribbs’ body was discovered, Allen and another man were registered together as guests at the motel where Cribbs’ vehicle was later recovered. Allen argues that evidence would have supported a defense that another man killed Cribbs, especially when viewed in light of the other evidence that the jury never heard due to alleged Brady violations and counsel’s ineffectiveness. The state collateral trial court denied this claim based on Strickland’s performance element and did not mention the prejudice element. See Strickland, 466 U.S. at 697, 104 S.Ct. at 2069 (“[T]here is no reason for a court deciding an ineffective assistance claim to approach the inquiry in the same order or even to address both components of the inquiry if the defendant makes an insufficient showing on one.”). The court determined that: “[Allen] did not give counsel any theory of innocence to investigate prior to the sentencing phase. Thereafter, the theory was put forward as a possibility, not as fact. Under those circumstances, Counsel cannot be deemed ineffective for failure to investigate the Defendant’s subsequently disclosed theory of innocence.” Florida v. Allen, No. 92-30056-CF, slip op. at 44. The Florida Supreme Court denied this claim based on Strickland’s prejudice element. See Allen II, 854 So.2d at 1258 n. 5 (holding that this claim “lacks merit because Allen was not prejudiced by counsel’s performance in the guilt phase”). Under AEDPA we owe deference to both of those decisions. See Hammond, 586 F.3d at 1331; see also Cone, 129 S.Ct. at 1784. As for the deficient performance element of this ineffective assistance claim, the state collateral trial court’s determination that the failure of Allen’s counsel to investigate motel records was not “outside the wide range of professionally competent assistance,” Strickland, 466 U.S. at 690, 104 S.Ct. at 2066, is not contrary to or an unreasonable application of Strickland. We have recognized that: “no absolute duty exists to investigate particular facts or a certain line of defense. Under Strickland, counsel’s conducting or not conducting an investigation need only be reasonable to fall within the wide range of competent assistance.” Chandler, 218 F.3d at 1317. Most importantly for the circumstances of this case, “[i]n evaluating the reasonableness of a defense attorney’s investigation, we weigh heavily the information provided by the defendant.” Newland v. Hall, 527 F.3d 1162, 1202 (11th Cir.2008); see also Strickland, 466 U.S. at 691, 104 S.Ct. at 2066 (“The reasonableness of counsel’s actions may be determined or substantially influenced by the defendant’s own statements or actions. Counsel’s actions are usually based, quite properly, on informed strategic choices made by the defendant and on information supplied by the defendant. In particular, what investigation decisions are reasonable depends critically on such information.”); Chandler, 218 F.3d at 1318 (same); McClain v. Hall, 552 F.3d 1245, 1251-52 (11th Cir.2008) (noting that whether defendant informed his trial counsel about defendant’s abusive childhood is “extremely important” to determining reasonableness of counsel’s performance); Blankenship v. Hall, 542 F.3d 1253, 1276 (11th Cir.2008) (noting that “the petitioner is often in the best position to inform his counsel of salient facts relevant to his defense”). Allen has not established, or alleged, that at any time before the guilt stage was over he provided his counsel with any evidence, or even suggested to him, that a friend or acquaintance had committed the murder and then registered and shared a room with him at the motel on the same day. The record establishes that Allen did not inform counsel of that theory, or of any facts to support it, until Allen suggested it during his own penalty phase argument to the advisory jury. See Tr. at 905 (“Mr. Hooper heard this scenario and the theory that I put forth. He heard it today for the first time, the same time the jury heard it .... ”). Allen knew, according to his theory, that he and the other man registered together and shared a room together at the motel. If he thought those facts were relevant, he should have informed his counsel of them. We therefore conclude that the state collateral trial court’s decision that counsel did not perform deficiently in this respect is not contrary to or an unreasonable application of Strickland. Alternatively, even if no deference were due the state collateral trial court’s decision on the performance element, we would conclude on de novo review that Allen had failed to establish it. See Berghuis v. Thompkins, — U.S. -, 130 S.Ct. 2250, 2265, — L.Ed.2d - (2010) (“Courts can ... deny writs of habeas corpus under § 2254 by engaging in de novo review when it is unclear whether AEDPA deference applies, because a habeas petitioner will not be entitled to a writ of habeas corpus if his or her claim is rejected on de novo review, see § 2254(a).”). Because this claim fails on the performance element, we need not address the prejudice element. B. Failure to Challenge DNA Evidence Allen claims that his counsel was ineffective for failing to request a Frye hearing before the State’s DNA evidence was admitted. See Stokes v. State, 548 So.2d 188, 195 (Fla.1989) (adopting the standard from Frye v. United States, 293 F. 1013 (D.C.Cir.1923), that “scientific evidence is not admissible unless the thing from which the deduction is made is sufficiently established to have gained general acceptance in the particular field in which it belongs” (quotation marks omitted)). Allen argues that the polymerase chain reaction (PCR) methodology for testing DNA was not generally accepted at the time of his trial, although it is now. The Florida state courts denied this claim based on Strickland’s prejudice element. See Allen II, 854 So.2d at 1258 n. 5 (deciding that this claim “lack[s] merit because Allen was not prejudiced by the alleged error[ ]”); Florida v. Allen, No. 92-30056-CF, slip op. at 42 (“The DNA evidence did not prove the culpability of the Defendant with respect to the Victim’s murder. The semen, blood and DNA evidence simply went to confirm the Defendant’s presence in Summerland Key with the Victim, a fact that was not in dispute. The failure to conduct a Frye hearing or, alternatively, the exclusion of the DNA evidence would not have affected the outcome of the trial.”). The Florida courts’ decision is not contrary to or an unreasonable application of federal law, particularly in light of Lockhart v. Fretwell, 506 U.S. 364, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993). The Fretwell case involved an ineffective assistance of counsel claim about the failure of counsel to raise at trial an issue that had merit at that time; however, by the time the case reached federal habeas review there had been a change in the law and the issue that counsel had not raised at trial was recognized not to have merit. Rejecting a pure outcome-determinative analysis for the Strickland prejudice element, the Supreme Court reversed the grant of habeas relief. It explained that: “[A]n analysis focusing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective. To set aside a conviction or sentence solely because the outcome would have been different but for counsel’s error may grant the defendant a windfall to which the law does not entitle him.” Id. at 369-70, 113 S.Ct. at 842-43 (footnote omitted); see also id. at 374, 113 S.Ct. at 845 (O’Connor, J., concurring) (“[T]oday we hold that the court making the prejudice determination may not consider the effect of an objection it knows to be wholly meritless under current governing law, even if the objection might have been considered meritorious at the time of its omission.”); Strickland, 466 U.S. at 687, 104 S.Ct. at 2064 (stating that the prejudice component “requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable”); Jefferson v. Fountain, 382 F.3d 1286, 1298 (11th Cir.2004) (“As the Supreme Court explained in its Fretwell opinion, the critical focus of the Strickland prejudice inquiry is not results per se, but the fairness and reliability of the adversary proceeding in question.”). The Fretwell decision requires that Allen must show not only that he could have successfully challenged PCR DNA testing in 1993, but also that the basis of the challenge would be recognized as valid under current law. He cannot do that. While PCR DNA testing was novel at the time of Allen’s trial, see Murray v. State, 692 So.2d 157, 163-64 (Fla.1997), the Florida Supreme Court has since determined that it clears the Frye hurdle. See Zack v. State, 911 So.2d 1190, 1198 n. 3 (Fla.2005) (“[T]he PCR method of DNA testing is now generally accepted by the scientific community and is not subjected to Frye testing.”); see also Wilson v. Sirmons, 536 F.3d 1064, 1102 (10th Cir.2008) (collecting cases in support of the proposition that “[n]umerous federal and state courts as well as scientific investigators have found that PCR DNA analysis is reliable”). Because of those legal developments, Allen cannot establish Strickland-type prejudice from his counsel’s failure to request a Frye hearing. C. The Suicide Theory of Defense Allen claims that his counsel was ineffective for adopting what Allen describes as the “desperate trial strategy” of arguing to the jury that Cribbs may have committed suicide. That strategy was objectively unreasonable, Allen says, because the evidence showed that Cribbs had been bound and stabbed: she had superficial stab wounds on her face, her carotid artery was cut, and she had abrasions and ligature marks on her wrists and ankles. The Florida Supreme Court denied this claim based on Strickland’s prejudice element. The court explained: Although trial counsel did question the medical examiner about the possibility of suicide, such questioning was only a small part of an overall defense that Allen did not commit the murder. Consistent with this defense, counsel attempted to establish reasonable doubt by demonstrating that the State conducted a cursory and error-prone investigation. Counsel showed that (1) the crime scene technician did not send the medical examiner the knife found at the scene for comparison with the victim’s wounds; (2) the knife was not examined for rag or fiber traces; (3) blood found in the sink was never tested; and (4) the medical examiner initially overlooked the. fact that the victim may have been tied. Counsel also exposed that, in a previous case, the medical examiner ruled that a stab-victim had died of drowning. Counsel further established that the medical examiner summarily ruled out suicide as a cause of death even though it would have been medically possible for the victim to have stabbed herself. Counsel used the suicide theory merely to illustrate his argument about the superficial nature of the State’s investigation. Although this particular illustration may not have helped Allen’s cause, it did not undermine it either. Therefore, there is no reasonable probability that but for counsel’s suggestion that the victim committed suicide, the result of the proceeding would have been different. Allen II, 854 So.2d at 1261 (emphasis added). Allen argues that the Florida Supreme Court’s decision deserves no deference under AEDPA because it 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)(2). He asserts that counsel did not use the suicide theory “merely to illustrate his argument about the superficial nature of the State’s investigation,” Allen II, 854 So.2d at 1261, but instead used it to suggest the cause of Cribbs’ death. Allen points out that counsel referred to the suicide theory in his closing argument and emphasized that Cribbs had lost her husband, was lonely, and was never seen in the company of men as reasons why she may have committed suicide. Based on our review of the record, we find that the Florida Supreme Court’s fact findings about this issue are reasonable. See 28 U.S.C. § 2254(d)(2) & (e)(1). Although Allen’s counsel did mention suicide in his closing argument, the context of his statements about it supports the Florida Supreme Court’s finding that he “used the suicide theory merely to illustrate his argument about the superficial nature of the State’s investigation.” Allen II, 854 So.2d at 1261. In fact, Allen’s counsel expressly stated to the jury that Cribbs’ death “isn’t a suicide death or that sort of thing,” but that Allen should be acquitted because there was no evidence that he was the murderer. Tr. at 551. Counsel argued that in order to accept the state’s evidence, the jury would have to go “beyond reasonable doubt” and “really stretch [its] imagination.” Id. at 554. One by one he disputed the testimony of the state’s witnesses, contending that the investigation was haphazard and the evidence was inconclusive. He argued that the crime scene investigator had a “lackadaisical attitude that just rots through the whole investigation.” Id. at 561. He also asserted that the serologist’s failure to test some of the blood at the murder scene was “[i]nexcusable.” Id. at 564. Counsel primarily used the theoretical possibility of suicide, and how quickly the medical examiner had dismissed it, to argue that the examiner’s work was shoddy and biased toward the prosecution. He accused the medical examiner of “blundering” by failing to compare the knife to the wound and of rushing through the autopsy. Id. at 566. Counsel then said that the medical examiner was “desperate to get in the scenario that fits the prosecution’s theory” and that he had “casually” ruled out suicide “because he is uncomfortable with the thought.” Id. at 566-67. Counsel said that the jury should “expect a little more of a scientific response” than what the examiner had given. Id. at 567. Counsel also mentioned suicide later in his closing argument. Again, his point was that the investigation was unreliable and had failed to consider all the possibilities. See id. at 571-73 (mentioning as an example of the investigators’ mistakes that the State had disregarded the possibility of suicide, but concluding that if the jury did its job, the State would be “faced with trying to find a real killer”). That argument was consistent with the closing argument’s overarching theme “that the State conducted a cursory and error-prone investigation.” Allen II, 854 So.2d at 1261; see also Allen I, 662 So.2d at 328 n. 3 (“Defense counsel essentially argued that Allen was a convenient suspect because he was a drifter without family ties, while the victim had a large family that the police wanted to mollify by arresting someone for the murder.”); Tr. at 575 (arguing that the State’s investigators had cut corners, and concluding with these words: “You all agreed to give Lloyd Chase Allen a fair trial. The corners they want you to cut are off the Constitution of the United States. Don’t do it.”). To the extent that Allen’s counsel said the possibility of suicide was itself grounds for reasonable doubt, he did not advance that argument to the exclusion of other defense theories. See Allen II, 854 So.2d at 1261 (determining that the suicide theory “was only a small part of an overall defense that Allen did not commit the murder”); see also Tr. at 610 (“All I am saying is that we don’t know who did it. There are different possibilities. [Allen] is a possibility; the realtor is a possibility; a third party is a possibility; suicide is a possibility. There are all sorts of possibilities.”). Counsel’s mention of suicide was not antagonistic to his other arguments, cf. Gamble v. Sec’y, Fla. Dep’t of Corr., 450 F.3d 1245, 1250-51 (11th Cir.2006) (some of defense team’s arguments were self-contradictory); it did not concede any material fact, cf. Florida v. Nixon, 543 U.S. 175, 190-91, 125 S.Ct. 551, 562-63, 160 L.Ed.2d 565 (2004) (finding no deficient performance even where counsel had made strategic decision to concede, at the guilt phase of the trial, the defendant’s commission of murder); and it did not open the door to harmful evidence, cf. Gilliam v. Sec’y for Dep’t of Corr., 480 F.3d 1027, 1034 (11th Cir.2007) (per curiam) (defense counsel’s strategy had opened the door to evidence of defendant’s prior rape conviction). Allen argues that we should “imagine the visceral response of the jury to a defense closing argument that the victim was responsible for her own death.” On these facts, however, the Florida Supreme Court determined that imagined prejudice is no prejudice at all. Based on our review of the record and the context in which the suicide theory was mentioned, that determination was reasonable. See Strickland, 466 U.S. at 695, 104 S.Ct. at 2068 (“The assessment of prejudice should proceed on the assumption that the decisionmaker is reasonably, conscientiously, and impartially applying the standards that govern the decision.”). The suicide theory may not have helped the defense, but the determination that it did not hurt the defense either is a reasonable one. D. Failure to Impeach Larry Woods Allen claims that his trial counsel was ineffective for failing to adequately cross-examine Larry Woods, a witness who testified that he saw Allen at Cribbs’ house about two hours before her body was discovered there. Woods, a siding contractor, said that he had an unobstructed view of Cribbs’ home while he was working in the driveway of the house across the street. About 20 to 25 minutes before Woods went to lunch, a man left Cribbs’ house, walked down the stairs, and looked at Woods twice before going back inside. When Woods returned from lunch he saw that Cribbs’ car, which had been parked under her house in the morning, was no longer there. Soon thereafter Cribbs’ body was discovered. The car would later be found at a motel from which Allen hailed a taxi on the day of the murder. Woods testified that he was interviewed by the police on the afternoon of the murder and that he assisted in making a composite drawing of the person he saw. That evening, Woods recounted, the police showed him a photograph of Alen that “eompare[d] favorably” to the composite drawing. (The photograph was developed from film in a camera that was recovered at the crime scene.) Woods identified Alen as the person he saw at Cribbs’ house and had depicted in the composite drawing. Alen argues that counsel was ineffective for failing to ask Woods whether he saw anyone else near Cribbs’ house on the morning of the murder. The premise of this argument is false. The state collateral trial court determined that counsel did establish during cross-examination “that Woods had not seen anyone else go near the house while he was there, and that he had no knowledge of what transpired during his lunch period.” Florida v. Allen, No. 92-30056-CF, slip op. at 38. It also found that “[t]o the extent that [Alen] claims that some unknown third person committed the crime, Counsel established the window of opportunity to support [Alen’s] theory.” Id. Those factual determinations are more than reasonable; the record confirms they are entirely correct. See 28 U.S.C. § 2254(d)(2). The performance of Alen’s counsel with regard to this sub-claim was not deficient. Alen also argues that counsel was ineffective for failing to use Woods’ initial statement to the police to impeach his identification of Alen at trial. In his statement, Woods said that the person he saw outside Cribbs’ house “was either an anore[x]ic looking man or a very thin woman.” He described the person as approximately 5’5” to 5’8” tall, as weighing from 135-145 lbs., and as having “sandy blonde” hair. According to Alen, he is actually 6T” tall, weighed 175 lbs. when he was brought into the Florida Department of Corrections, and has brown hair. Alen argues that counsel’s performance was deficient because he failed to question Woods about the inconsistencies between his initial description of the person at Cribbs’ house and his later identification of Alen as that person. The Florida courts denied this sub-claim on prejudice grounds. Allen II, 854 So.2d at 1258; see also Florida v. Allen, No. 92-30056-CF, slip op. at 36-38. The Florida courts’ decision was not contrary to, or an unreasonable application of, clearly established federal law. Alen’s argument overstates the inconsistency between Woods’ initial description and Alen’s actual appearance at the time of the murder. Alen alleges, and we will assume as true, that he weighed 175 lbs. when he was brought into the Florida DOC, but that did not happen until March 1993, which was more than a year after Woods saw the person at Cribbs’ house on the day of the murder. By then, other evidence established, Allen had gained a “considerable” amount of weight. Allen I, 662 So.2d at 326. Allen does not dispute that finding, which was based on the trial testimony of four witnesses, including Woods. Because Allen weighed 175 lbs. after a considerable weight gain, the initial weight estimate that Woods provided (135-145 lbs.) was not inconsistent with his later identification of Allen. Allen’s counsel could not have made any significant headway by focusing on any of the other alleged discrepancies between Woods’ initial description of the person he saw and his later identification of Allen. The description of a man with “sandy blonde” hair is not inconsistent with the fact that Allen’s hair is light brown, a similar color. Woods initially described a shorter person than Allen, but when Woods saw him, Allen was walking down a flight of stairs connecting the house (which was on stilts) and the porch. The prosecution could have argued that it is not easy to estimate someone’s height when they are not standing at eye level. And, even though Woods misjudged Allen’s height under those circumstances, we have no reason to doubt that the jury still would have credited his identification of Allen’s face and body type. Allen’s claim of prejudice is especially weak given that it is undisputed that the photograph of Allen recovered from the camera at the scene (and thus a contemporaneous one) compared favorably to the composite drawing that Woods had helped create. Not only did Woods testify to that effect, but so did Detective Phil Harrold. Allen has not alleged any facts that would call those comparisons into doubt. For all of those reasons, Allen has failed to establish that the Florida courts’ determination that there is no reasonable probability of a different result if his counsel had cross-examined Woods based on his earlier statements about the person he saw at Cribbs’ house was unreasonable within the meaning of § 2254(d)(1). See Vining v. Sec’y, Dep’t of Corr., 610 F.3d 568, 574-75, 2010 WL 2557686, at *5 (11th Cir. June 28, 2010); Boyd, 592 F.3d at 1309. E. Failure to Investigate or Present Tonia McClain Allen claims that his counsel was ineffective for failing to investigate or present Tonia McClain as a witness at the guilt stage. She allegedly would have testified that she saw two cars parked at Cribbs’ house on both the evening before and the morning of the murder and that she saw a young, thin man with dirty blond hair on Cribbs’ porch on the morning of the murder. The “failure to investigate” part of this claim is procedurally barred. Allen never presented this part of the claim or made this argument to the Florida courts. See Allen II, 854 So.2d at 1258 n. 4; Florida v. Allen, No. 92-30056-CF, slip op. at 38-39. He cannot raise it for the first time here. See supra at 749-50. In any event, trial counsel did not insufficiently investigate what McClain would say. In fact, he took her deposition before trial. The “failure to present” part of the claim concerning McClain does not fare much better. Trial counsel did not call her as a witness because he decided based on her deposition that she would not make a good witness. The Florida courts denied this claim based on Strickland’s performance element, Florida v. Allen, No. 92-30056-CF, slip op. at 38-39, as well as its prejudice element, Allen II, 854 So.2d at 1258 n. 5. As to the performance element, the state collateral trial court determined that, “[g]iven the nature of the testimony [McClain] had to offer, Counsel can hardly be deemed ineffective for failure to call her.” Florida v. Allen, No. 92-30056-CF, slip op. at 39. Allen argues that conclusion deserves no deference because “[n]o one knows what the court meant by the ‘nature of the testimony.’ ” To the contrary, the state collateral trial court explained what it meant: [U]nder oath at her deposition, [McClain] testified that she lived across the canal from the Victim; that she saw two persons on the Victim’s porch when she went out to check on her fishing pole; that she didn’t wear her glasses when she went out to check her fishing pole; that without her glasses she “see[s] people but I don’t see”; that she could not identify the Victim if she saw her; that she would not recognize the Defendant if she saw him; and that perhaps the second car she saw was a neighbor’s car. Id. (third alteration in original) (internal citations omitted). At her deposition, McClain also testified that she was nervous and in shock when she first spoke with the police. Post-conviction Record at 1211. She admitted that she would not be able to recognize the man from Cribbs’ porch if she saw him again. She said that “[t]he only thing I remember is tall and skinny,” id. at 1210, which is not inconsistent with Allen’s appearance at the time of the murder. This Court has emphasized that “[w]hich witnesses, if any, to call, and when to call them, is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.” Waters v. Thomas, 46 F.3d 1506, 1512 (11th Cir.1995) (en banc); see also Rhode v. Hall, 582 F.3d 1273, 1284 (11th Cir.2009) (per curiam). Given the obvious problems with McClain’s potential testimony that were revealed at her deposition, Allen cannot show that “no competent counsel would have taken the action that his counsel did take.” Chandler, 218 F.3d at 1315; Stewart, 476 F.3d at 1209; see also Dorsey v. Chapman, 262 F.3d 1181, 1186 (11th Cir.2001) (“[T]rial counsel’s decision to not call the [ ] witness was not so patently unreasonable a strategic decision that no competent attorney would have chosen this strategy.”). The decision of the Florida courts was not contrary to or an unreasonable application of Strickland. IV. ALLEN’S SENTENCE PHASE INEFFECTIVE ASSISTANCE CLAIM Allen contends that his Sixth Amendment right to counsel was violated in the sentencing phase because counsel conducted no mitigation investigation and failed to present any mitigating evidence to the sentencing court. Trial counsel did not present any mitigating circumstance evidence, and we take it as true that he did not conduct an investigation into mitigating circumstances either. See Allen I, 662 So.2d at 329 (“[T]here was no indication that counsel had investigated Allen’s background or history to determine whether particular mitigating evidence was available. Counsel also made no proffer of mitigating evidence that could be presented to the court.”). Counsel, however, was following Allen’s explicit instructions. Eight weeks before trial, Allen told his attorney not to investigate or present any mitigation evidence because, if convicted, he “desire[d] to receive a death sentence in lieu of life in prison.” Allen memorialized that instruction in a sworn document, which also set out that he understood the nature of the first degree murder charges and was aware that, if convicted, he would be entitled to present mitigation evidence. Allen’s sworn statement said: “With full understanding that should I change my mind at a later date my attorney will not have suffícient time to prepare ... I nonetheless refuse to provide any information or assistance relating to mitigation of the death sentence.” Allen also said that while counsel would represent him during the guilt phase, if he was convicted he wished to represent himself during the sentence phase “so that I may offer no mitigation.” He acknowledged that counsel had advised him not to waive mitigation and that, by representing himself in the penalty phase, he would be “precluded from an appeal based upon ineffective assistance of counsel as to that phase.” As he had insisted, after Allen was convicted of first-degree murder, he did represent himself before the advisory jury, and he did not present mitigating evidence there. See, e.g., Tr. at 740 (“So there is not going to be any excuses today and there will not be any mitigating factors here.”). Allen urged the jury to give him a death sentence, see, e.g., id. at 733 (“I am also going to ask you for the death penalty but a little differently than [the prosecutor] did .... This is my trial and at this time we can do it my way.”), and warned that he would try to “escape [from prison] if given a chance because that is my job,” id. at 740. As Allen demanded that they do, the jury returned an advisory verdict recommending a death sentence by a vote of 11 to 1. During the sentencing proceeding before the trial judge, which followed about two weeks later, Allen switched to being represented by counsel, but he continued to run things his way and refused to let his attorney present any mitigation evidence or arguments to the judge. Trial counsel explained to the judge that Allen had “repeatedly requested that I not plead for life in his case.” Allen I, 662 So.2d at 329. “Counsel further stated that he was ‘biting his lip’ because he was ‘not allowed to open up and say everything that I would like to say and argue everything that I want to argue,’ but was instead respecting Allen’s wishes on this matter and would ‘do exactly what [Allen] asked me to do.’ ” Id. (alteration in original). The trial judge then questioned counsel regarding Allen’s decision not to present mitigation evidence. THE COURT: Mr. Hooper, you indicated that Mr. Allen refused to present you with any mitigating factors. Is your client aware of the statutory mitigating factors available to him? MR. HOOPER: Yes sir, that was discussed with Mr. Allen and myself. As an extra measure, I brought up Mr. Mark Jones, an attorney in my office, and he independently discussed it with Mr. Allen to cover anything that I may have missed. It was discussed by two attorneys from the office. I also have the document signed by Mr. Allen .... [H]e can explain [that] he would be entitled to present mitigation. He does not wish any presented. As a matter of fact, he made it clear over and over again that while I was free to try the evidentiary phase as best I could, he did not want mitigating factors entered .... THE COURT: Is your client aware he is not limited to those statutory mitigating factors, and the court would consider virtually anything in mitigation of the sentence to be imposed? MR. HOOPER: Yes, I have discussed all mitigating factors with him. I have also presented him with a copy of the Public Defender’s Annual Seminar called “Life Over Death.” That is a seminar we go to annually that updates us as to aggravating and mitigating factors and keeps us abreast of all of these. I gave him his own copy and discussed it with him. He is probably one of the most intelligent clients I have ever had. That is why I respect his opinion the way that Ido. .... I don’t want it to be interpreted that he is not cooperative[;] he is just clear on his reasons. Tr. 803-04. Removing any doubt that he might have changed his mind, Allen then told the judge: “I hope that I am intelligent today and speak forcibly enough to you that we don’t get into technicalities .... [W]e have eleven people here and these eleven people said let’s give him the death p