Full opinion text
OPINION McKEAGUE, Circuit Judge. Warden David Johnson appeals from the district court’s order granting Michael Goodwin’s petition for a writ of habeas corpus in part. The district court determined that Goodwin, convicted of murder and sentenced to death in the Cuyahoga County (Ohio) Circuit Court in December 1994, was denied his right to effective assistance of counsel at sentencing. Goodwin applied for a certificate of appealability concerning the district court’s denial of his other habeas claims. By order dated November 8, 2007, we granted Goodwin’s application in part and denied it in part. We permitted Goodwin to appeal the district court’s denial of his claims of: (1) ineffective assistance of counsel during the guilt phase of trial; (2) insufficient evidence of prior calculation and design; and (3) failure to instruct the jury on the lesser included offense of involuntary manslaughter. On due consideration of the parties’ briefs and oral arguments, as well as the record below and the district court’s decision, we overrule the Warden’s appellate challenge and uphold the ruling that Goodwin did not receive effective assistance of counsel at sentencing. We also conclude that Goodwin’s cross-appellate claims are without merit. For the reasons more fully set forth below, we therefore affirm the district court’s decision in all respects. I. BACKGROUND Goodwin was tried, convicted, and sentenced in December 1994 for his participation in the robbery of the Big Star Market in Cleveland, Ohio and the murder of Mustafa Sammour, a store clerk, just three months earlier. The Ohio Supreme Court summarized the facts of the case as follows: On September 13, 1994, appellant Michael Goodwin, James Padgett, and James Johnson robbed the Big Star Market at East 55th Street and Quimby Avenue in Cleveland. During the course of the robbery, Mustafa Sammour, a store clerk, was fatally shot. Between 8:55 and 9:10 a.m. on the morning of the robbery, a milk truck driver, Lawrence Austin, saw two men exit the market and run down the street. Subsequently, Austin saw Goodwin, wearing a shirt with the number “7” on it, also exit the market. Austin observed that Goodwin dropped some money on the ground while trying to put the money in his pocket. Austin retrieved the dropped money and took it inside the market, giving it to one of the clerks. Once inside the market, Austin saw one clerk, Mustafa, lying on the floor. Almohannad Sammour, another clerk, stated to Austin, “[T]hey shot my cousin.” Two bystanders also witnessed the three men running down the street from the market. Marilyn Rox, who knew Goodwin, identified him as one of the men running. Later the same morning, Goodwin called Tyrone Griffin and asked him to dispose of a bag. Griffin retrieved a bag from Goodwin containing trousers and a shirt with the number “7” on it. Padgett testified that Goodwin’s clothes were stained with blood. Griffin destroyed the clothing. At the crime scene, the police found Mustafa’s body behind a counter. Blood was splattered about the area near his body. On the counter, the police found twelve one-dollar bills. Detectives also discovered a copper-jacketed bullet in the refrigeration area of the store, near Mustafa’s body. A forensics expert later concluded that the bullet had been fired from either a .357 Magnum or .38 caliber revolver. Near the floor by the safe, detectives found a bullet hole and fragments of a second bullet. About two weeks prior to the robbery, Jermaine Brown, a friend of the appellant, had sold the appellant a .357 Magnum revolver. Dr. Martha Steinberg, a forensic pathologist, found that Mustafa Sammour died as a result of a gunshot wound to the left forehead. The wound was described as a “through and through” gunshot wound, causing such extensive injury to Mustafa’s brain and skull that, in the words of Steinberg, “death was virtually immediate.” Steinberg further stated that the impact of this type of wound would be so forceful that the shooter could possibly have had blood and remains of the victim’s brain splattered onto him. On September 14, the police arrested Goodwin. After advising him of his rights, he told police that he alone robbed the market and that Johnson and Padgett were customers. He stated that he pointed his gun at the “Arab clerk” and ordered him to take him, Goodwin, to the safe. Goodwin further stated that after Mustafa said something, “the gun just went off.” Upon further questioning, Goodwin stated that he confronted the other clerk, Almohannad. Almohannad took him to the safe, where, according to Goodwin, the gun “just went off’ again. Before he left the store, Goodwin took money from the safe and the cash register. Two days later police again interviewed Goodwin. He changed his previous statement by naming Johnson and Padgett as accomplices. He claimed that Padgett was armed with the .357 Magnum revolver, that he had a .45 automatic handgun, and that Johnson was unarmed. Goodwin claimed that Padgett had shot the clerk. While in jail, however, Goodwin confided to Antoine Robinson, another inmate at the jail, that he had shot Mustafa. He also told Johnson that he would blame the killing on Padgett, as Padgett was the only one among the three robbers who did not have children. Goodwin was charged with aggravated murder in violation of R.C. 2903.01(A), with felony murder and firearm specifications; aggravated murder in violation of R.C. 2903.01(B), with felony murder and firearm specifications; aggravated robbery in violation of R.C. 2911.01(A)(1); and with having a weapon while under disability in violation of R.C. 2923.13. Padgett and Johnson were both offered plea agreements in exchange for their testimony against Goodwin. At trial, the following testimony was adduced. Derrick Flonnory, a friend of the appellant, testified that the appellant stopped at his house around 8:15 or 8:30 on the morning of the robbery. Goodwin wanted Flonnory to help him rob the market, but Flonnory declined. Padgett and Johnson testified that Goodwin suggested to them that they rob the market. Both Padgett and Johnson testified that Goodwin was carrying the .357 Magnum revolver prior to entering the store. When the three men arrived at the market, Goodwin went inside first. All three men wore hats pulled down over the faces. After entering the market, Padgett and Johnson confronted Almohannad. Goodwin confronted Mustafa. Mustafa had his hands up. There was no testimony that he resisted in any way. While Mustafa stood with his arms raised above his head, Goodwin shot Mustafa in the head. After Goodwin shot Mustafa, he pointed the gun at Almohannad’s head and ordered him to take Goodwin to the safe. Almohannad offered no resistance and pleaded with Goodwin not to shoot him. Almohannad then opened the safe and gave Goodwin the money. While Almohannad was giving Goodwin the money, Goodwin fired a shot into the floor, retrieved money from the cash register, and then exited the market with Johnson and Padgett. Testimony by Almohannad, Mustafa’s cousin, generally corroborated that of Johnson and Padgett. When the three men came into the store, Almohannad recognized Johnson and Goodwin as regular customers. Subsequently, Padgett grabbed Almohannad from behind. Almohannad stated that both Johnson and Goodwin were armed. However, Almohannad did not see who fired the shot that killed Mustafa. Following the robbery, the three men went back to Goodwin’s house, where Goodwin divided the money. Goodwin gave the men approximately one hundred thirty dollars each, and kept the rest for himself. In his statement to the police, Goodwin admitted stealing approximately five hundred dollars. During cross-examination, Padgett and Johnson admitted that their testimony conflicted with their original sworn statements to authorities. For example, Johnson first told police that he had no gun, but, at trial, he testified that he was armed with a .45 caliber pistol. Also both Padgett and Johnson told police that they had never received any money from the robbery, when in fact Goodwin had split the proceeds with them. The defense presented no evidence. Rather, the defense argued that a reasonable doubt existed as to whether Goodwin shot Mustafa. The jury convicted Goodwin, as charged, of aggravated murder with prior calculation and design, aggravated felony-murder, aggravated robbery, and possession of a firearm while under a disability. Both murder counts contained a death penalty specification. The defense presented no evidence at the penalty hearing. The jury recommended the death penalty. Prior to the trial court’s passing sentence, Rosetta Goodwin, Goodwin’s aunt, stated that Goodwin did not deserve the death penalty because he was born drug dependent and because his mother abandoned him when he was nine. Goodwin apologized to the victim’s family. He stated that he did not intend to kill Mustafa, claiming that he hit Mustafa with the gun, and the gun went off. Goodwin also admitted to the trial judge that he took Mustafa’s life, saying, “I did take the man’s life, but I confess up to my crimes.” The trial judge sentenced Goodwin to death on the counts of aggravated murder. Goodwin received additional sentences of ten to twenty-five years on the count of aggravated robbery, and one and one-half years on the weapon disability count, with an additional three years imposed pursuant to a firearm specification. State v. Goodwin, 84 Ohio St.3d 331, 703 N.E.2d 1251, 1254-56 (1999). After his trial and conviction, Goodwin appealed, represented by different counsel. On appeal, he asserted claims for ineffective assistance of trial counsel, prosecutorial misconduct, improper jury selection, insufficiency of the evidence, and improper jury instructions. The Ohio Court of Appeals affirmed his convictions and sentences in April 1997. State v. Goodwin, No. 68531, 1997 WL 186770 (Ohio App. 8 Dist.). The Ohio Supreme Court affirmed Goodwin’s convictions and sentences in January 1999 and denied reconsideration. Goodwin had filed a petition for post-conviction relief in the trial court in September 1996, while his direct appeal was pending. He again raised the issue of ineffective assistance of counsel. The trial court denied the petition without an evidentiary hearing. The Ohio Court of Appeals affirmed that decision in May 1999. State v. Goodwin, No. 72043, 1999 WL 342305 (Ohio App. 8 Dist.). The Ohio Supreme Court denied further review. Goodwin filed his habeas petition in federal court in June 2000, raising twelve claims. The district court held an evidentiary hearing on Goodwin’s claim of ineffective assistance of counsel at sentencing. By order dated March 22, 2006, the district court granted habeas relief on that claim and denied the remaining claims. Goodwin v. Johnson, No. 1:99-cv-2963, 2006 WL 753111 (N.D.Ohio). The Warden appeals the grant of habeas relief as of right. Goodwin has cross-appealed, challenging the denial of his other claims. We granted Goodwin’s application for a certificate of appealability with respect to three of those claims. II. ANALYSIS A. AEDPA Standard of Review We review the district court’s legal conclusions and rulings on mixed questions of law and fact de novo, and we review its factual findings for clear error. Armstrong v. Morgan, 372 F.3d 778, 781 (6th Cir.2004); Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the federal courts may not grant habeas relief on any claim that was adjudicated on the merits in the state courts unless the adjudication resulted in a decision that: (1) was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court; or (2) was based on an unreasonable determination of the facts in light of the evidence presented to the state courts. 28 U.S.C. § 2254(d). Under the “contrary to” clause, a federal habeas court may grant the writ only if the state court arrived at a conclusion opposite to that reached by the Supreme Court on a question of law, or if the state court decided the case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). Under the “unreasonable application” clause, a federal court may grant the writ only if the state court identified the correct governing legal principle from the Supreme Court’s decisions but unreasonably applied that principle to the facts of the petitioner’s case. Id. Yet, “a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.” Id. at 411, 120 S.Ct. 1495. Rather, to warrant habeas relief, the application must be found to be “objectively unreasonable.” Id. at 409, 120 S.Ct. 1495. “AEDPA thus imposes a ‘highly deferential standard for evaluating state-court rulings.’ ” Renico v. Lett, — U.S.-, 130 S.Ct. 1855, 1862, 176 L.Ed.2d 678 (2010) (quoting Lindh v. Murphy, 521 U.S. 320, 333 n. 7, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997)). In analyzing whether a state court decision is contrary to or an unreasonable application of clearly established Supreme Court precedent, a federal court may look only to the holdings of the Supreme Court’s decisions as of the time of the relevant state court decision. Lockyer v. Andrade, 538 U.S. 63, 71, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003); Williams, 529 U.S. at 412, 120 S.Ct. 1495. However, the court may look to lower courts of appeals’ decisions to the extent they illuminate the analysis of Supreme Court holdings in determining whether a legal principle had been clearly established by the Supreme Court. Landrum v. Mitchell, 625 F.3d 905, 914 (6th Cir.2010). Finally, where factual findings are challenged, the habeas petitioner has the burden of rebutting, by clear and convincing evidence, the presumption that the state court’s factual findings are correct. See 28 U.S.C. § 2254(e)(1); Landrum, 625 F.3d at 914. In conducting our review, we first address Goodwin’s cross-appeal, which challenges the district court’s denial of habeas relief on three of his claims. B. Ineffective Assistance in Guilt Phase First, Goodwin contends his lead trial counsel, Thomas Shaughnessy, did not afford him effective assistance of counsel because he conceded Goodwin’s guilt on all charges during his opening statement and closing argument. To prevail on an ineffective-assistance-of-counsel claim, Goodwin must satisfy both prongs of the Strickland test: inadequate performance by defense counsel and prejudice resulting from that deficient performance. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To establish deficient performance, Goodwin must show that “counsel’s performance fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. 2052. Scrutiny of counsel’s performance is highly deferential, however; every effort must be made to eliminate the distorting effects of hindsight. Id. at 689, 104 S.Ct. 2052. Goodwin is thus required to overcome the “strong presumption” that the challenged action might be considered sound trial strategy. Id. To establish prejudice, he must show “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. 2052. A “reasonable probability” is a “probability sufficient to undermine confidence in the outcome.” Id. Applying Strickland, the Ohio Supreme Court concluded that Goodwin’s counsel’s opening and closing statements were neither deficient nor prejudicial because “counsel’s statements appear to have been made to concede Goodwin’s participation in the robbery, and to preserve credibility of the only plausible defense theory, given the strong evidence against Goodwin — that despite Goodwin’s participation in the robbery, he did not kill Mustafa.” Goodwin, 703 N.E.2d at 1259. Addressing prejudice, the Ohio Supreme Court found none, because the evidence against Goodwin was overwhelming: Goodwin told police he shot Mustafa. The only gun observed at the crime scene that could have inflicted the fatal wound belonged to Goodwin, and testimony indicated that it was Goodwin who had the gun in his possession upon entering the market. Additionally, Goodwin made sure his clothes were burned following the robbery. Id. The district court held the Ohio Supreme Court’s application of Strickland was not unreasonable. 1. Deficient Performance Our review of the record confirms that Shaughnessy intended to concede Goodwin’s involvement in the robbery, but disputed that Goodwin shot the victim and deserved the death penalty. In his opening statement, Shaughnessy began by noting that co-defendants Padgett and Johnson were originally charged with capital murder before reaching plea agreements. He disputed the notion that they were motivated to tell the truth, and instead argued that their true motive was to avoid the electric chair. He also told the jury that Padgett and Johnson could be paroled after serving only nine and one-half years pursuant to the sentences recommended by the prosecutor. Shaughnessy said he was not claiming that Goodwin was a good kid, had an alibi, or was misunderstood. Instead, he told the jury: You shouldn’t let him go, and as a matter of fact, when we get into it, and you’ve heard the evidence, I’m going to suggest to you right from the beginning that you should and you ought to, and as a matter of fact, let’s go a little bit stronger than that, say that you must find him guilty. Trial tr. p. 635, J.A. 1163. Shaughnessy continued by saying that all three men participated in deciding that a quick way to get money would be to rob the market. The trial, he said, was “about sending the right person to the electric chair if you think that ought to be the proper punishment.” Id. at 637, J.A. 1165. Shaughnessy proposed that after the jury heard the evidence, they would not convict Goodwin as the killer. In his closing argument, Shaughnessy said it did not make any difference who shot the victim under the jury instructions on aiding and abetting. He noted that all three men went into the store and were equally responsible. Shaughnessy also told the jury, “As to who pulled the trigger ... you will consider that in the second trial.” Id. at 1426, J.A. 1233. He reminded the jury of inconsistencies in the testimony; pointed out that the surviving clerk testified that Johnson appeared to be the ringleader; read portions of the clerk’s testimony indicating that Goodwin was holding a gun to his head when the fatal shot was fired at Mustafa; and argued that Padgett was more likely the one who shot Mustafa. Shaughnessy then explained that, but for the law of aiding and abetting, he would have been vehemently arguing that, although Goodwin was a robber, he was not a killer, and he assured the jury they would have the opportunity to treat him as an aider and abettor in the punishment phase. The charges against Goodwin place Shaughnessy’s approach in perspective. Goodwin was charged in the indictment, along with co-defendants Johnson and Padgett, with two counts of aggravated murder under Ohio Rev.Code § 2903.01. The first count charged the defendants with aggravated murder for having purposely and with prior calculation and design caused the death of the victim, and included two death penalty specifications, felony murder and firearm. The felony murder specification, under Ohio Rev.Code § 2929.04(A)(7), is based on the allegation that the murder was committed during the commission of an aggravated robbery and that each defendant was either the principal offender or acted with prior calculation and design. The second count, for aggravated murder, charged each defendant with having purposely caused the death of the victim while committing aggravated robbery. It contained the same specifications as the first count. Under Ohio law, an accomplice can be convicted of aggravated murder only if the evidence shows that the accomplice shared the criminal intent of the principal. See State v. Herring, 94 Ohio St.3d 246, 762 N.E.2d 940, 947 (2002). A defendant who aids and abets the actual killer can be convicted of aggravated murder, but that finding does not require the jury to find the defendant was the principal offender for purposes of the death penalty specification. State v. Taylor, 66 Ohio St.3d 295, 612 N.E.2d 316, 325 (1993). We concur in the district court’s determination that the Ohio Supreme Court did not apply Strickland unreasonably when it rejected Goodwin’s claim. Shaughnessy’s strategy to concede guilt to aggravated robbery but argue that Goodwin did not kill the victim was not deficient. See Florida v. Nixon, 543 U.S. 175, 189, 125 S.Ct. 551, 160 L.Ed.2d 565 (2004) (trial counsel’s decision to concede guilt in the guilt phase of a capital trial held not necessarily deficient). Counsel’s decision to concede guilt should be assessed under Strickland by considering the evidence of defendant’s guilt and the chance to avoid execution. Id. at 191-92, 125 S.Ct. 551. The evidence of Goodwin’s guilt as an aider and abettor to aggravated robbery was overwhelming, but the argument that Goodwin was not the trigger man bore some hope of avoiding a guilty verdict on the death specifications. See Nixon, 543 U.S. at 191-92, 125 S.Ct. 551 (“Counsel therefore may reasonably decide to focus on the trial’s penalty phase, at which time counsel’s mission is to persuade the trier that his client’s life should be spared.”). Goodwin could not plausibly deny that he was part of the trio that robbed the store, in view of his statements to the police and the testimony of Johnson, Padgett, and the surviving clerk, all of whom placed him inside the store. Their testimony was not entirely consistent, however. Hence, it was reasonable for Shaughnessy to point out biases and inconsistencies in those witnesses’ testimony and to argue that Goodwin did not shoot Mustafa and did not deserve the death penalty. Padgett denied going to the market with the specific intent that any store worker be shot dead. Johnson testified about the plans to rob the store, but did not say they planned to kill the clerk. Accordingly, Shaughnessy’s concession that Goodwin was involved in the aggravated robbery was not a concession that he was guilty of aggravated murder because none of the accomplices indicated that they intended to kill the victim. The Ohio Supreme Court’s conclusion that Shaughnessy was trying to preserve the credibility of the only plausible defense theory by being candidly realistic with the jury was not unreasonable. Shaughnessy did err in telling the jury that Goodwin was guilty of “all of the charges in the indictment” and that the question of who shot the victim would not be decided until the penalty phase. The charges in the indictment included the death penalty specification that Goodwin was the principal offender or acted with prior calculation and design, and the jury had to decide the death penalty specification in the guilt phase. However, this error was one of semantics, not strategy. In his opening statement, closing argument, and cross-examination of the state’s witnesses, Shaughnessy consistently emphasized that although Goodwin was involved in the robbery of the store, there was reasonable doubt that he was the one who shot the clerk. 2. Prejudice Even if Shaughnessy’s errors were deemed to amount to deficient performance, it is clear that Goodwin did not suffer prejudice cognizable under Strickland. First, there was overwhelming evidence of Goodwin’s guilt as the principal offender. As the state court found, Goodwin initially told the police that he shot the victim; the evidence established that Goodwin had a .357 revolver while in the store; the bullet that killed the victim matched Goodwin’s firearm but not the .45 semi-automatic held by Johnson; and Goodwin’s clothes were stained with blood. Goodwin, 703 N.E.2d at 1254-56. Although there is some evidence supporting the argument that Goodwin was not the actual killer, it is not substantial. Further, it appears the trial court properly instructed the jury as to aggravated murder, the death penalty specification, and accomplice liability. The jury instructions cured any suggestion that Shaughnessy conceded Goodwin’s guilt as the principal offender. The trial court instructed the jury that, in order to find Goodwin guilty of aggravated murder, the jury had to find that Goodwin had the specific intent to kill the victim. The court also instructed the jury that, in order to find that Goodwin was the principal offender under the death penalty specification, the jury had to find that Goodwin’s conduct directly produced the death of the victim. Finally, the court told the jury that under accomplice liability, all persons who acted with a common purpose to commit a crime were responsible for all of the crimes committed. These are all proper instructions under Ohio law. With the aggravated murder and principal offender instructions in mind, the jury could not have interpreted the accomplice liability instructions to mean that Goodwin was guilty of aggravated murder as the principal offender without finding that he in fact shot the victim intending to kill him. Goodwin has not therefore shown that, but for Shaughnessy’s errors, there is a reasonable probability the jury would not have found him guilty of the death penalty specification. Goodwin also argues that Shaughnessy conceded that he acted with prior calculation and design, the other component of the death penalty specification under Ohio Rev.Code § 2929.04(A)(7). As discussed below, under Ohio law, “prior calculation and design” means that “the purpose to cause the death was reached by a definite process of reasoning in advance of the homicide, which process of reasoning must have included a mental plan involving studied consideration of the method and the instrument with which to cause the death of another.” Zuern v. Tate, 336 F.3d 478, 482 (6th Cir.2003). The trial court defined prior calculation and design in the same terms. There was ample evidence that Goodwin, Padgett, and Johnson planned and prepared to rob the store at gunpoint, but no direct evidence that they intended to kill the clerk. Thus, when Shaughnessy acknowledged Goodwin’s involvement in the decision to rob the store, he did not concede his involvement in a plan to kill the clerk. Moreover, in view of the correctness of the trial court’s instructions and the abundant evidence that Goodwin was the principal offender, we are convinced that Goodwin was not prejudiced by any impression that Shaughnessy unwittingly conceded that Goodwin acted with prior calculation and design. See Poindexter v. Mitchell, 454 F.3d 564, 581-82 (6th Cir.2006) (counsel not ineffective for conceding that state had proved elements of murder where evidence of guilt was overwhelming). C. Insufficient Evidence of Prior Calculation and Design Goodwin claims that the state failed to meet its burden of proving that he killed the victim with prior calculation and design, as required for a conviction under the first count of the indictment against him. On direct appeal, the Ohio Supreme Court found that the record evidence sufficiently supported the jury’s verdict. The record was deemed to show that Goodwin: planned the robbery and recruited others to join him; armed himself with a. 357 revolver; placed the weapon to the forehead of a cooperative and unresisting victim and pulled the trigger; and then, instead of fleeing after the killing, placed the gun to the head of the other clerk and continued robbing the store. The court concluded that Goodwin planned the robbery and used the murder to further his plan: It was an action that required thought on his part to place the gun at the victim’s forehead, and he took additional time to decide to pull the trigger in order to carry out a calculated plan to obtain money from the store. This was not a spur-of-the-moment accidental shooting on the part of a robber.... It is readily apparent from these facts that sufficient time, reflection, and acts were involved to provide the necessary thought processes that the law requires for a finding of prior calculation and design. Goodwin, 703 N.E.2d at 1263. The Ohio Supreme Court cited State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492, 503 (1991), for its standard of review, which in turn relies on Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The district court agreed that the evidence was sufficient to show prior calculation and design. In assessing the sufficiency of the evidence, we must determine whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson, 443 U.S. at 319, 99 S.Ct. 2781; McKenzie v. Smith, 326 F.3d 721, 727 (6th Cir.2003). “The Jackson standard must be applied ‘with explicit reference to the substantive elements of the criminal offense as defined by state law.’ ” Brown v. Palmer, 441 F.3d 347, 351 (6th Cir.2006) (quoting Jackson, 443 U.S. at 324 n. 16, 99 S.Ct. 2781). Under AEDPA, the task is to determine whether it was objectively unreasonable for the Ohio Supreme Court to conclude that a rational trier of fact, after viewing the evidence in the light most favorable to the state, could have found beyond a reasonable doubt that Goodwin committed the essential elements of aggravated murder under Ohio law. See 28 U.S.C. § 2254(d); Williams, 529 U.S. at 412-13, 120 S.Ct. 1495; Saxton v. Sheets, 547 F.3d 597, 602 (6th Cir.2008). Ohio courts have identified a number of factors relevant to determining whether a homicide was committed with prior calculation and design. These include: whether the accused knew the victim prior to the crime, as opposed to a random meeting, and if the victim was known to him whether the relationship and [sic] been strained; whether thought and preparation were given by the accused to the weapon he used to kill and/or the site on which the homicide was to be committed as compared to no such thought or preparation; and whether the act was drawn out over a period of time as against an almost instantaneous eruption of events. State v. Jenkins, 48 Ohio App.2d 99, 355 N.E.2d 825, 828 (1976). Prior calculation and design requires evidence of more than a few moments of deliberation; it requires “a scheme designed to implement the calculated decision to kill.” State v. Cotton, 56 Ohio St.2d 8, 381 N.E.2d 190, 193 (1978). Although “[n]either the degree of care nor the length of time the offender takes to ponder the crime beforehand are critical factors in themselves,” momentary deliberation is insufficient. State v. D ’Ambrosio, 67 Ohio St.3d 185, 616 N.E.2d 909, 918 (1993) (quoting the 1973 Legislative Service Commission Comment to Ohio Rev.Code § 2903.01). On the other hand, “[p]rior calculation and design can be found even when the killer quickly conceived and executed the plan to kill within a few minutes.” State v. Coley, 93 Ohio St.3d 253, 754 N.E.2d 1129, 1143 (2001). The manner in which the victim is killed may allow the jury to reasonably find that the defendant committed the crime with prior calculation and design. See State v. Palmer, 80 Ohio St.3d 543, 687 N.E.2d 685, 706 (1997). We have previously held the “prior calculation and design” requirement under Ohio law was satisfied where “the purpose to cause the death was reached by a definite process of reasoning in advance of the homicide, which process of reasoning must have included a mental plan involving studied consideration of the method and the instrument with which to cause the death of another.” Zuern, 336 F.3d at 482. “Prior calculation and design exists where the defendant plans to kill any member of a certain class of persons, even if he did not know in advance who the particular victim would be.” Id. The evidence clearly established that Goodwin planned and directed the robbery. Goodwin, 703 N.E.2d at 1254-55. A witness for the prosecution testified that Goodwin purchased a .357 revolver from him approximately two weeks before the robbery. Padgett and Johnson testified that Goodwin came up with the idea to rob the market and directed their actions. Goodwin told Johnson he needed money and knew where the money was kept in the market. Padgett said that he, Johnson and Goodwin went to Goodwin’s home, where Goodwin retrieved the .357 revolver and Johnson retrieved a .45 semi-automatic. Goodwin’s weapon was clearly loaded, as a firearms expert testified that the bullet that killed the victim could not have come from Johnson’s weapon but could have come from Goodwin’s. Goodwin entered the store first to see how many people were inside, came outside, and then all three went in. Goodwin told Padgett to distract the clerk by asking for cigars and Johnson was to act as a lookout. The surviving clerk testified that Goodwin told him, “You are being robbed,” and that Goodwin told Padgett and Johnson to “get the safe, get the bag.” There is less evidence that Goodwin planned to murder the clerk. See id. at 1255. Both Padgett and Johnson testified that Goodwin grabbed the victim, put a gun to his head, demanded money, and shot him. The victim offered no resistance. The coroner testified that the victim died from a bullet fired into his head at close range. Goodwin grabbed the surviving clerk after shooting the victim and demanded to be taken to the office safe. Padgett testified that when he asked Goodwin why he shot the clerk, Goodwin said the clerk reached for his mask and Goodwin thought the clerk saw his face. Padgett, Johnson, and the surviving clerk testified that Goodwin and the others were in the store for about five minutes. We conclude that the Ohio Supreme Court did not apply Jackson unreasonably when it held that, taking the evidence in the light most favorable to the prosecution, a reasonable juror could have found that Goodwin killed the victim with prior calculation and design. There was evidence that Goodwin planned to rob the market where the victim worked, recruited accomplices, obtained a loaded handgun, and directed the robbery once it began. These circumstances show reasoning in advance, a mental plan, and consideration of the method, means and instrument needed to carry out that plan. See Jenkins, 355 N.E.2d at 828. Although Goodwin did not have a strained relationship with the victim, the clerk was within a class of persons Goodwin would have anticipated being present at the store and having access to the store’s safe. See Zuern, 336 F.3d at 482. The circumstances also support as reasonable the inference that Goodwin’s decision to shoot the victim was not spur-of-the-moment or spontaneous. See id.; Cotton, 381 N.E.2d at 193; Jenkins, 355 N.E.2d at 828. The victim did not resist when Goodwin grabbed him, so a juror could reasonably conclude that Goodwin did not shoot him as the result of a struggle. Goodwin completed the robbery after shooting the victim, arguably supporting the inference that the shooting was not an unexpected turn of events and that Goodwin planned to shoot the victim to facilitate the robbery. Evidence that Goodwin placed the revolver to the victim’s head before shooting him also supports a finding of prior calculation and design. See State v. Monroe, 105 Ohio St.3d 384, 827 N.E.2d 285, 296-97 (2005); State v. Campbell, 90 Ohio St.3d 320, 738 N.E.2d 1178, 1193 (2000); Palmer, 687 N.E.2d at 706. We note that Goodwin was in the store for only five minutes. This is the weakest link in the state’s case against Goodwin, since the amount of time elapsed seems closer to “an almost instantaneous eruption of events” than an act “drawn out over a period of time.” See Jenkins, 355 N.E.2d at 828. However, under Ohio law, prior calculation and design can be found even when the killer conceived and executed the plan to kill within a few minutes. See Palmer, 687 N.E.2d at 706; State v. Taylor, 78 Ohio St.3d 15, 676 N.E.2d 82, 89-91 (1997). Moreover, Goodwin clearly planned to rob the store, knew that he would have to interact with the clerk to get the money out of the safe, put a loaded gun to the clerk’s head, and pulled the trigger despite the clerk’s compliance. We cannot conclude that the Ohio Supreme Court’s denial of this claim was contrary to or an unreasonable application of clearly established federal law. D. Jury Instruction on Lesser Included Offense Goodwin argues that he was deprived of his constitutional rights when the trial court failed to instruct the jury on the lesser included offense of involuntary manslaughter. He contends the evidence that he did not mean to shoot the victim would have permitted the jury to acquit him of aggravated murder but convict him of involuntary manslaughter. This challenge is addressed to his conviction for felony murder, Ohio Rev.Code § 2903.01(B). Goodwin raised this claim on direct appeal, along with a claim that his trial counsel was ineffective for failing to request an instruction on involuntary manslaughter as a lesser included offense. The Ohio Supreme Court reviewed the underlying claim for plain error because Goodwin did not request an instruction on involuntary manslaughter as a lesser included offense in the trial court. Goodwin, 703 N.E.2d at 1265. Goodwin argued that because he did not mean to shoot the victim, because the gun “just went off,” and because he drank gin the morning of the killing, the trial court should have given an instruction on involuntary manslaughter. The Ohio Supreme Court concluded the evidence established that Goodwin acted with prior calculation and design and that the killing was done with purpose: The evidence clearly establishes that Goodwin acted with prior calculation and design in killing Mustafa. Under any reasonable view, the killing was done with purpose. Goodwin fired a shot at point blank range into Mustafa’s head. The testimony by the pathologist indicated that death was virtually immediate. The location of this wound would lead any reasonable trier of fact, who did not believe the gun discharged accidentally, to conclude that Goodwin acted with purpose in causing the death of the victim. Additionally, Mustafa did not resist, cause panic, or cause confusion, nor was there any other cause of panic or confusion. Mustafa had his hands up. No reasonable juror who believed the state’s version of the facts surrounding this shooting could have concluded that the killing was not done purposely and with prior calculation and design as that culpable mental state has been construed by this court. Goodwin, 703 N.E.2d at 1265. Having found no plain error, the Ohio Supreme Court also found that Goodwin’s trial counsel’s failure to request an instruction on involuntary manslaughter was not ineffective assistance of counsel. The district court acknowledged the state’s assertion that Goodwin procedurally defaulted this claim, but also acknowledged that ineffective assistance of counsel can be “cause” to excuse the procedural default. The court thus addressed the merits of the claim and denied it. The court concluded that the trial court had not committed plain error by failing to give the manslaughter instruction because the record supported a finding that the shooting was intentional. 1. Procedural Default Goodwin procedurally defaulted this claim because his attorney did not object to the jury instructions at trial or propose alternative instructions. Ohio’s contemporaneous objection rule is a firmly established procedural rule that is an adequate and independent state ground to foreclose federal relief. Hinkle v. Randle, 271 F.3d 239, 244 (6th Cir.2001). The Ohio Supreme Court conducted only plain error review of Goodwin’s jury instruction claim. Goodwin, 703 N.E.2d at 1265. “[P]lain error review by an appellate court constitutes enforcement of Ohio’s contemporaneous objection rule.” Williams v. Bagley, 380 F.3d 932, 968 (6th Cir.2004). Accordingly, unless Goodwin can show cause for and prejudice from his default, he is not entitled to habeas review of this claim. Ineffective assistance of counsel can constitute cause to excuse a procedural default. See Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986); McFarland v. Yukins, 356 F.3d 688, 699 (6th Cir.2004). If Goodwin’s trial counsel were ineffective for failing to request an instruction on involuntary manslaughter as a lesser included offense, he could show cause to excuse his default of his substantive claim. See Edwards v. Carpenter, 529 U.S. 446, 451, 120 S.Ct. 1587, 146 L.Ed.2d 518 (2000). Goodwin’s ineffective-assistance-of-counsel claim regarding jury instructions can have merit only to the extent that the underlying claim has merit. See McFarland, 356 F.3d at 699-700. Accordingly, we review the merits to determine both whether Goodwin’s default can be excused and whether the substantive claim entitles him to relief. 2. Merits Where a lesser included offense exists under state law in a capital case, an instruction on the lesser included offense is required under the Eighth and Fourteenth Amendments only when the evidence would warrant a finding of guilt on the lesser included offense and an acquittal on the greater offense. Beck v. Alabama, 447 U.S. 625, 636, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980); see also Campbell v. Coyle, 260 F.3d 531, 541 (6th Cir.2001) (“[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.”) (quoting Hopper v. Evans, 456 U.S. 605, 610, 102 S.Ct. 2049, 72 L.Ed.2d 367 (1982)). “The goal of the Beck rule, in other words, is to eliminate the distortion of the fact-finding process that is created when the jury is forced into an all-or-nothing choice between capital murder and innocence.” Schad v. Arizona, 501 U.S. 624, 646-47, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991). The Ohio Supreme Court cited State v. Thomas, 40 Ohio St.3d 213, 533 N.E.2d 286, 289 (1988), for the proposition that “[a]n instruction on a lesser included offense is required only where the evidence presented at trial would reasonably support both an acquittal on the crime charged and a conviction upon the lesser included offense.” Goodwin, 703 N.E.2d at 1265. This is substantially the same as the Supreme Court’s language in Beck and Hopper. Accordingly, the issue is whether the Ohio Supreme Court’s application of Beck was objectively unreasonable. See 28 U.S.C. § 2254(d); Williams, 529 U.S. at 409, 120 S.Ct. 1495; Campbell, 260 F.3d at 539-40. Beck requires a comparison between the elements of the crime charged and the elements of the lesser-included offense. Count 2 of the indictment charged Goodwin with purposely causing the death of the victim while committing aggravated robbery. See Ohio Rev.Code § 2903.01(B). At the time of Goodwin’s trial, § 2903.01(B) stated in relevant part: “No person shall purposely cause the death of another while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit kidnapping, rape, aggravated arson or arson, aggravated robbery or robbery, aggravated burglary or burglary, or escape.” Under § 2903.01(D), “No person shall be convicted of aggravated murder unless he is specifically found to have intended to cause the death of another.” Ohio’s statute on involuntary manslaughter provides: “No person shall cause the death of another as a proximate result of the offender’s committing or attempting to commit a felony.” Ohio Rev.Code § 2903.04(A). Involuntary manslaughter is a lesser included offense of aggravated murder under § 2903.01(A) and (B). Thomas, 533 N.E.2d at 288-89. The distinguishing factor between aggravated murder and involuntary manslaughter is the mental state involved. Id. at 289. These two mental states are mutually exclusive; in any given killing, the offender can be possessed of only one. Id. The mental state required for aggravated murder is “purposely.” Ohio’s criminal code provides that “[a] person acts purposely when it is his specific intention to cause a certain result.” Ohio Rev.Code § 2901.22(A); see also Thomas, 533 N.E.2d at 290. Accordingly, the question under Beck is whether the evidence would have permitted a reasonable jury to find that Goodwin caused the death of the victim as a proximate result of committing a felony but without specifically intending to cause the victim’s death. We conclude that the Ohio Supreme Court’s application of Beck was not unreasonable. After considering the paltry evidence held up as warranting a finding that the killing of Mustafa was not intentional, the Ohio Supreme Court held that “[ujnder any reasonable view, the killing was done with purpose.” Goodwin, 703 N.E.2d at 1265. Hence, the court concluded that the involuntary manslaughter instruction was not warranted by the evidence presented, that the failure to give the instruction was not plain error, and that counsel’s failure to request the instruction did not constitute ineffective assistance. As detailed above, there was extensive evidence that Goodwin was involved in the events that led to the victim’s death. Goodwin, 703 N.E.2d at 1254-56. Padgett, Johnson, and the surviving clerk all testified that Goodwin was one of the three who robbed the store, and Goodwin admitted his involvement to the police. Jermaine Brown testified that he sold a .357 revolver to Goodwin. Padgett testified that Goodwin retrieved a .357 revolver from his house. Johnson and Padgett testified that Goodwin placed the .357 revolver to the victim’s head. A firearms expert testified that the bullet fragments recovered from the crime scene were consistent with a .357 revolver, but not the weapon carried by Johnson. The coroner stated that the bullet wound on the victim’s forehead was a contact wound, and Goodwin’s clothes were bloody. Although defense counsel argued that Padgett killed the clerk, there was almost no evidence from which a jury could have reasonably concluded that someone other than Goodwin held the .357 revolver that caused the victim’s death. There was conflicting evidence concerning whether Goodwin intended to fire the revolver, but not enough to justify an instruction on the lesser-included offense. On the one hand, Goodwin directs attention to remarks that indicate the shooting was unintentional. He did not testify at trial, but a statement he gave to the police was admitted. Goodwin told Detective Kovasic that he pulled out his gun and pointed it at the clerk and told him to take him to the safe, “and the next thing I knew, the gun just went off.” When the detective asked Goodwin why he shot the clerk, Goodwin responded: “I don’t know. I didn’t mean to.” Goodwin also said that he drank some gin the morning of the robbery and “felt it a little.” In addition, Johnson testified that when he and Padgett confronted Goodwin after the robbery, Goodwin said he did not mean to shoot him. On the other hand, this evidence of Goodwin’s self-serving statements is at odds with the overwhelming weight of the evidence, which strongly suggests the shooting was intentional. The witnesses agreed that Goodwin held the weapon that was used to kill the victim. Padgett testified that when he asked Goodwin why he shot the clerk, Goodwin said that the clerk reached for his mask and Goodwin thought the clerk saw his face. Padgett and Johnson testified that the victim put his hands in the air and did not struggle or resist as Goodwin put the revolver to his head, and that Goodwin grabbed the surviving clerk after shooting the victim. The surviving clerk heard the shot that killed the victim before Goodwin grabbed him and took him to the office to open the safe. A firearms expert for the prosecution testified that there are two ways of firing a revolver: single action and double action. In the single action method, the hammer is pulled back first and then the trigger is pulled to fire the weapon. In the double action method, the trigger is pulled which first draws the hammer back and then drops the hammer on the ammunition. The expert was not asked whether or how a revolver could discharge accidentally, nor did Goodwin’s counsel put on any proof on this question. In either the single action or the double action method, however, the trigger must be pulled. Further, the location of the fatal wound works against a finding that the shooting was accidental. There was thus no evidence from which a jury could reasonably conclude that Goodwin proximately, but not intentionally, caused the revolver to fire. See Hopper, 456 U.S. at 610, 102 S.Ct. 2049; Campbell, 260 F.3d at 541; Thomas, 533 N.E.2d at 289-91. Accordingly, there was no basis for the jury to reasonably conclude that Goodwin committed the robbery but lacked the purpose to kill the victim. Goodwin was therefore not entitled to an instruction on the lesser included offense. Because Goodwin’s underlying claim lacks merit, he cannot rely on ineffective assistance of counsel to excuse his default of this claim. See Edwards, 529 U.S. at 451, 120 S.Ct. 1587; McFarland, 356 F.3d at 699-700. It follows, in other words, that the claim is proeedurally defaulted, precluding relief on the merits; but even if we were to reach the merits, they would be found wanting. E. Ineffective Assistance of Counsel at Sentencing Next, we turn to the Warden’s challenge to the district court’s award of habeas relief to Goodwin on one of his claims. Goodwin contends his trial counsel rendered ineffective assistance at sentencing by failing to gather records, interview family members, or otherwise investigate Goodwin’s background for potential mitigating evidence, by failing to obtain the services of a psychologist and neuropsychologist, and by relying improperly on residual doubt in mitigation. An attorney’s failure to reasonably investigate the defendant’s background and present mitigating evidence to the jury at sentencing can constitute ineffective assistance of counsel. Wiggins v. Smith, 539 U.S. 510, 521-22, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). Defense counsel has a duty to investigate the circumstances of his client’s case and explore all matters relevant to the merits of the case and the penalty, including the defendant’s background, education, employment record, mental and emotional stability, and family relationships. Powell v. Collins, 332 F.3d 376, 399 (6th Cir.2003). “In assessing the reasonableness of an attorney’s investigation, however, the court not only considers the quantum of evidence already known to counsel, but also whether that evidence should lead a reasonable attorney to investigate further.” Wiggins, 539 U.S. at 527, 123 S.Ct. 2527. When counsel abandons an investigation of the defendant’s background after having acquired only a rudimentary knowledge from a narrow set of sources, this choice is not a “strategic decision” and does not constitute the reasonable investigation required by Strickland. Wiggins, 539 U.S. at 527-28, 123 S.Ct. 2527. “[Strategic choices made after less than a complete investigation are reasonable precisely to the extent that a reasonable professional judgment supported the limitations on the investigation.” Id. at 528, 123 S.Ct. 2527 (quoting Strickland) 466 U.S. at 690-91, 104 S.Ct. 2052). The district court permitted discovery and held an evidentiary hearing on Goodwin’s ineffective assistance of counsel claim. The court held that Goodwin’s trial counsel’s mitigation investigation was inadequate and that the Ohio Court of Appeals’ and the Ohio Supreme Court’s contrary conclusion was the product of an unreasonable application of Strickland. The court found that Goodwin’s counsel had little contact with Goodwin and his family, that they did not obtain school, medical, and family history records, and that their investigation was insufficient to make strategic decisions. The court noted that although Goodwin’s counsel declined to present mitigation evidence in an effort to avoid opening the record to evidence of Goodwin’s prior criminal history, the record does not substantiate counsel’s presumption that Goodwin had been involved in five armed robberies. The court further found that counsel’s residual doubt strategy was deficient because Goodwin confessed to the police and an inmate, witnesses identified Goodwin as the shooter, and the jury had found that Goodwin was the shooter in the guilt phase. The district court thus concluded that Goodwin’s counsel’s choice to rely on residual doubt, uninformed by a reasonable mitigation investigation, was not the result of a strategic choice between considered alternatives. Ultimately, the court held that Goodwin was prejudiced by deficiencies in his counsel’s performance because Goodwin was denied a meaningful opportunity to present a mitigation case. The Warden challenges this ruling, contending the Ohio courts did not unreasonably apply established federal law in denying Goodwin post-conviction relief. 1. Mitigation Presentation in Sentencing Phase At the close of the guilt phase, Goodwin’s trial counsel declined a court-ordered presentence report and psychiatric evaluation because “there [was] nothing psyehiatrically wrong with him.” Counsel also chose not to present any evidence in the mitigation phase. Patrick D’Angelo explained to the trial judge that they had thoroughly prepared and evaluated the case, spoken to Goodwin and his family,, and decided it would be problematic to put on evidence because of the risk of opening the door to otherwise inadmissible negative evidence. Lead attorney Thomas Shaughnessy explained that the prosecution had evidence that Goodwin was involved in five prior aggravated robberies. In his closing argument, Shaughnessy discounted Goodwin’s youth as a mitigating factor. He also explained that he would not use psychiatrists, psychologists, and social workers because it would insult the jury’s intelligence to suggest one should get away with killing another because of a disadvantaged background. Instead of presenting proofs in mitigation, Shaughnessy emphasized that there were two other admitted participants in the robbery. He appealed to any residual doubt the jurors had as to whether Goodwin was the shooter and urged them to consider proportionality in sentencing, observing that Padgett and Johnson would be eligible for parole after nine and a half years. Conceding that Goodwin was guilty of aggravated robbery and aggravated murder as an aider and abettor, but contending Goodwin was not the shooter, Shaughnessy urged the jury to recommend a sentence of life imprisonment without possibility of parole until after thirty years’ imprisonment. Goodwin’s aunt, Rosetta Goodwin, spoke in court after the jury returned its death sentence recommendation but before the trial court sentenced him. Rosetta Goodwin said that Goodwin did not deserve the death penalty because he was born drug-dependent and he was abandoned by his mother when he was nine. Goodwin also •addressed the court at the time of sentencing. He apologized to the family of Mustafa Sammour. He confessed that he was responsible for taking Mustafa’s life, but insisted he had no intent to do so. Goodwin claimed the gun went off when he hit Mustafa with it, in an effort to get Mustafa to take him to the safe. 2. Mitigation Evidence in Post-Conviction Proceedings In his post-conviction petition, Goodwin contended that his trial counsel failed to obtain information about him, failed to obtain reports and evaluations from appropriate experts to use as evidence and render advice, failed to interview family members, relatives and friends who could have provided background information and testified at the mitigation hearing, and failed to provide sound advice to Goodwin regarding the existence and presentation of mitigating factors. The exhibits Goodwin attached to his post-conviction petition included an affidavit by an attorney expressing his opinion regarding the performance of Goodwin’s trial counsel at sentencing, reports from an investigator hired by Shaughnessy, jail visitation records, an affidavit by an employee of the Ohio Public Defenders’ Commission concerning Shaughnessy’s use of mitigating evidence in capital cases, an affidavit by Dr. Jeffery Smalldon, a forensic clinical psychologist, an affidavit by Goodwin’s aunt Rosetta Goodwin, an affidavit by Goodwin’s mother Callie Goodwin, an affidavit by Goodwin’s sister Mary Goodwin, an affidavit by Goodwin’s neighbor Sharon Hickerson, an affidavit by Goodwin’s friend Carmaletta Hickerson, an affidavit from Goodwin’s friend Tranita Ivory, an affidavit from mitigation specialist Dorian Hall, a psychological evaluation of Goodwin performed by the Mental Development Center at Case Western Reserve University in 1990, Goodwin’s juvenile court records, Goodwin’s medical records, Goodwin’s mother’s medical records, a substance abuse assessment, Goodwin’s educational records, and other materials. In the district court, the parties deposed clinical psychologist Dr. Laurel Schauer, psychologist Dr. James Eisenberg, attorney Patrick D’Angelo, mitigation supervisor Dorian Hall, investigator David Hicks, and psychologist Dr. Jeffrey Smalldon. D’Angelo, Hall, and Smalldon also testified in the evidentiary hearing held by the district court. D’Angelo testified in deposition that Goodwin’s case was a terrible one from the defense standpoint because Goodwin confessed, his accomplices identified him as the shooter, and the surviving clerk witnessed the crimes. D’Angelo and Shaughnessy unsuccessfully lobbied the prosecutor to remove the death penalty as a possible punishment. According to D’Angelo, there was nothing about Goodwin’s demeanor or interaction with counsel that indicated the existence of a psychiatric issue, so they did not think a psychiatrist was needed. D’Angelo testified that they did not have Goodwin evaluated independently, did not know his IQ, and did not review his school records. D’Angelo recalled that trial counsel spoke with members of Goodwin’s family, but could not identify which ones. D’Angelo stated that Shaughnessy determined that residual doubt was the best strategy to save Goodwin’s life. He was concerned that presenting mitigating evidence about Goodwin’s background could open the door to the admission of Goodwin’s juvenile record. Shaughnessy believed the prosecutor was lining up witnesses to testify about five robberies Goodwin had committed. When asked why Shaughnessy told the jury to disregard Goodwin’s age and background, D’Angelo said the strategy was to gain credibility with the jury and avoid the possibility that the jury would see Goodwin’s past as predictive of his later behavior. D’Angelo testified to similar effect at the evidentiary hearing in the district court. Goodwin’s aunt, Rosetta Goodwin, stated in her affidavit that she believed Goodwin’s mother, Callie (Rosetta’s sister), used drugs when she was pregnant with Goodwin and that he was born with a drug addiction. She stated that Goodwin was abused by his father and his step-father. Aunt Rosetta took Goodwin in when his mother kicked him out at age twelve. She had begun fighting for custody of Goodwin when he was eleven and was finally awarded custody when he was seventeen. Rosetta wanted to testify at the penalty phase, but Shaughnessy refused to permit it. Shaughnessy spoke to her only twice, and no investigators contacted her. Goodwin’s mother admitted using marijuana from age twelve and alcohol from age eighteen. She said that Goodwin’s father was an alcoholic, mentioned Goodwin’s