Full opinion text
OPINION N.R. SMITH, Circuit Judge: Petitioner Charles Michael Hedlund, an Arizona state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. A jury convicted Hedlund of one count of first degree murder for the 1991 killing of Jim McClain. The trial court sentenced Hedlund to death for the murder. The jury also convicted Hedlund of the second degree murder of Christene Mertens. We affirm the district court and hold that Hedlund has not raised a viable claim for relief under § 2254. We address six claims raised in Hedlund’s petition: (1) the use of a leg brace as a security measure during trial; (2) the use of dual juries; (3) juror bias; (4) counsel’s performance during the plea process; (5) whether all mitigating evidence was considered under Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982), and their progeny; and (6) counsel’s performance during the penalty phase. We conclude that the relevant state court decision underlying each of Hedlund’s claims was not contrary to, nor an unreasonable application of, clearly established federal law or based on an unreasonable determination of the facts before that court. See 28 U.S.C. § 2254(d). FACTS AND PROCEDURAL HISTORY Because the findings of fact in the last reasoned state court decision are entitled to a presumption of correctness, rebuttable only by clear and convincing evidence, we adopt the statement of facts as presented by the Arizona Supreme Court in its 1996 opinion on consolidated direct appeal. See Runningeagle v. Ryan, 686 F.3d 758, 763 n. 1 (9th Cir.2012); Moses v. Payne, 555 F.3d 742, 746 n. 1 (9th Cir.2008). Beginning February 28, 1991, James Erin McKinney and Charles Michael Hedlund (Defendants) commenced a residential burglary spree for the purpose of obtaining cash or property. In the course of their extensive planning for these crimes, McKinney boasted that he would kill anyone who happened to be home during a burglary and Hedlund stated that anyone he found would be beaten in the head. Defendants enlisted two friends to provide information on good burglary targets and to help with the burglaries. These two friends, Joe Lemon and Chris Morris, were not physically involved in the burglaries in which the murders occurred. It was from Lemon and Morris, however, that Defendants learned that Christene Mertens would make a good burglary target. The first burglary in the spree occurred on February 28, 1991. Mertens’ home was the intended target that night, but she came home and scared the would-be burglars away. A different residence was chosen to burglarize, but Defendants obtained nothing of value. Both Defendants, as well as Lemon and Morris, were involved in this crime. The second and third burglaries occurred the next night, March 1. This time Lemon was not involved. The three participants stole a .22 revolver, $12, some wheat pennies, a tool belt, and a Rolex watch. A. The first murder The fourth burglary took place on March 9, 1991. This time only McKinney and Hedlund were involved. Mertens was picked again because Defendants had been told by Lemon and Morris, who knew Mertens’ son, that Mertens kept several thousand dollars in an orange juice container in her refrigerator. Mertens was home alone when Defendants entered the residence and attacked her. Beaten and savagely stabbed, Mertens struggled to save her own life. Ultimately, McKinney held her face down on the floor and shot her in the back of the head, covering his pistol with a pillow to muffle the shot. Defendants then ransacked the house and ultimately stole $120 in cash. B. The second murder Defendants committed the fifth burglary on March 22, 1991. The target was Jim McClain, a sixty-five-year-old retiree who restored cars for a hobby. McClain was targeted because Hedlund had bought a car from him some months earlier and thought McClain had money at his house. Entry was gained through an open window late at night while McClain was sleeping. Hedlund brought along his .22 rifle, which he had sawed-off to facilitate concealment. Defendants ransacked the front part of the house then moved to the bedroom. While he was sleeping, McClain was shot in the back of the head with Hedlund’s rifle. Defendants then ransacked the bedroom, taking a pocket watch and three hand guns; they also stole McClain’s car. State v. McKinney, 185 Ariz. 567, 917 P.2d 1214, 1218-19 (1996) (en banc), superseded by statute on other grounds as stated in State v. Martinez, 196 Ariz. 451, 999 P.2d 795, 806 (2000) (en banc). Hedlund and McKinney were each indicted on two counts of first degree murder and four other counts relating to the robberies. Both Defendants were tried in the same courtroom before dual juries. Before returning its verdict, Hedlund’s jury asked whether he could “be convicted as an accomplice to the burglary and not be convicted in the murder charge.” On November 12, 1992, the jury found Hedlund guilty of the second-degree murder of Mertens, the first-degree murder of McClain, and lesser charges. In a special verdict, the jury unanimously found that Hedlund was guilty of the premeditated murder of McClain, rejecting a felony murder theory. The trial court sentenced Hedlund to death for the first degree murder of McClain and to terms of imprisonment on the lesser charges. Upon direct appeal, the Arizona Supreme Court affirmed the conviction and sentence. McKinney, 917 P.2d 1214. In its opinion, the Arizona Supreme Court considered five claims relevant to this appeal: (1) whether the use of dual juries deprived Hedlund of his right to a fan-trial, (2) whether ordering Hedlund to wear a visible leg restraint during trial deprived Hedlund of his right to a fair trial, (3) whether Hedlund was denied his right to a fair and impartial jury when the trial court refused to dismiss a juror distantly related to one of the victims, (4) claims surrounding the negotiation of a second plea deal, and (5) the consideration and weighing of aggravating and mitigating factors. The Arizona Supreme Court denied relief on all claims and noted “ample evidence” that Hedlund killed McClain, including: Hedlund’s finger and palm prints were on McClain’s briefcase, which had been rifled during the burglary; Hedlund’s fingerprints were on the magazine of his sawed-off rifle; the bullet that killed McClain was consistent with having come from Hedlund’s rifle; Hedlund had modified his rifle by sawing it off in order to conceal it; Hedlund hid the rifle after the murder; Hedlund asked Morris to get rid of the rifle before police found it; and Hedlund expressed remorse after he was arrested. After the Arizona Supreme Court rejected Hedlund’s claims, Hedlund filed a petition for post-conviction relief (PCR) and then an amended PCR petition in the state trial court. On PCR review, the trial court denied the amended petition without an evidentiary hearing. The Arizona Supreme Court summarily denied Hedlund’s petition for review. On August 5, 2003, Hedlund filed the operative amended petition for a writ of habeas corpus in federal district court. Hedlund later filed a motion to expand the record and for evidentiary development as to certain claims. On March 31, 2005, the district court denied the motion to expand the record and denied six of Hedlund’s claims. On August 10, 2009, the district court denied Hedlund’s remaining claims, dismissed the petition, and entered judgment. The district court granted a certificate of appealability (COA) on three claims. We expand the COA to include three additional claims, as explained below. We otherwise deny Hedlund’s request to expand the COA. STANDARD OF REVIEW “We review de novo the district court’s decision to grant or deny a petition for a writ of habeas corpus.” Rhoades v. Henry, 598 F.3d 495, 500 (9th Cir.2010). Because Hedlund initiated district court proceedings in 2002, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) applies. See Lindh v. Murphy, 521 U.S. 320, 336-37, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). A petitioner must overcome a high threshold to obtain relief under AEDPA: Federal habeas relief may not be granted for claims subject to § 2254(d) unless it is shown that the earlier state court’s decision was contrary to federal law then clearly established in the holdings of [the Supreme] Court, § 2254(d)(1); or that it involved an unreasonable application of such law, § 2254(d)(1); or that it was based on an unreasonable determination of the facts in light of the record before the state court, § 2254(d)(2). Harrington v. Richter, — U.S. —, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011) (internal quotation marks and citation omitted). The “only definitive source of clearly established federal law under AEDPA is the holdings (as opposed to the dicta) of the Supreme Court as of the time of the state court decision.” Clark v. Murphy, 331 F.3d 1062, 1069 (9th Cir.2003), overruled on other grounds by Lockyer v. Andrade, 538 U.S. 63, 71, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003). If Supreme Court “cases give no clear answer to the question presented, ... it cannot be said that the state court unreasonably applied clearly established Federal law.” Wright v. Van Patten, 552 U.S. 120, 126, 128 S.Ct. 743, 169 L.Ed.2d 583 (2008) (internal quotation marks omitted). In other words, “ ‘[i]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme Court].’ ” Harrington, 131 S.Ct. at 786 (quoting Knowles v. Mirzayance, 556 U.S. 111, 122, 129 S.Ct. 1411, 173 L.Ed.2d 251 (2009)). In cases where a petitioner identifies clearly established federal law and challenges the state court’s application of that law, our task under AEDPA is not to decide whether a state court decision applied the law correctly. See id. at 785. Rather, we must decide whether the state court decision applied the law reasonably. See id. (“ ‘[A]n unreasonable application of federal law is different from an incorrect application of federal law.’ ”) (quoting Williams v. Taylor, 529 U.S. 362, 410, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000)). If the state court applied the law reasonably, we must deny relief. See id. Thus, relief is proper only “in cases where there is no possibility fairminded jurists could disagree that the state court’s decision conflicts with [the Supreme Court’s] precedents.” Id. at 786. DISCUSSION I. Visible Leg Brace at Trial A. Background and procedural history The trial court ordered both Hedlund and McKinney to wear a leg brace during trial, because it was important to courtroom security. During a pretrial hearing, Deputy Sheriff Jack Roger Lane testified that he was aware of a 1992 escape plot by Hedlund and McKinney. The plan was to “jump one of the guards, take his uniform and his weapon and one of them would put the uniform on and they would walk out together. They would handcuff the guard and leave him there.” Lane received this information third hand from a subordinate officer, who heard it from an inmate. McKinney was specifically identified in the plot. The other individual was someone “charged with murder,” but Hedlund was not specifically named in the discussion on the record. Although Lane could not confirm it, the prosecutor was aware of an earlier escape attempt by McKinney during the summer of 1991. Hedlund’s counsel challenged the leg brace, arguing that McKinney was the flight risk, not Hedlund. Recognizing his responsibility to maintain courtroom security, the trial court found it would be “irresponsible” to ignore the nature of the charges filed and the fact that both Defendants would be in close proximity to the jurors, staff, and others. The court denied the request to remove Hedlund’s leg brace, finding “reasonably reliable evidence that there is indeed a real escape risk in this case.” The court concluded that the leg brace was “a reasonable alternative to any other type of restraint that could be imposed on [Hedlund and McKinney] to assist in the preservation of a safe environment for everyone [in the courtroom].” The court also attempted to minimize any potential prejudice by making the leg brace less visible. The court ordered new defense tables with backs covering two feet of the four-foot gap between the table top and the floor. The court also ensured that the Defendants would be seated in the courtroom before the juries arrived so the jurors would not see the Defendants walking stiff-legged in the braces. Hedlund’s counsel later filed multiple written motions objecting to the leg brace. During a post-trial evidentiary hearing, the court called Officer Richard Morris, one of the deputies present during trial. Officer Morris testified that during trial he was able to see the leg brace, similar to what was shown in a picture taken from the jury box. Hedlund’s investigator testified that she spoke with several jurors regarding the leg brace. The jurors agreed that it was understandable that the Defendants (who had been charged with such serious crimes) were put in some sort of restraint. While the restraints seemed to provide a sense of security to the jurors, the jurors stated that the leg brace did not have any impact on their verdict. On Hedlund’s motion for new trial, after considering the escape risk by two Defendants charged with serious crimes and considering all of the various options (including limiting or increasing the number of deputies in the courtroom), the court concluded that the leg braces were proper to ensure the safety of the jurors, court staff, and everyone in the courtroom. While Hedlund could have helped facilitate concealment of the leg brace, the court noted that the leg brace did not “overwhelm” the jury to cause them to convict Hedlund on all charges. On direct appeal, the Arizona Supreme Court credited the trial court’s record of security concerns, noting that “Hedlund attempted an escape during the summer of 1991 and also made plans with another capital defendant to escape by attacking a guard and taking his uniform and gun.” The court concluded that the leg restraint was not an abuse of discretion, given the trial judge’s well-founded security concerns and the absence of specific prejudice to Hedlund. On habeas review, the federal district court noted that the Arizona Supreme Court erroneously attributed the 1991 escape attempt to Hedlund. However, the district court found no indication, let alone clear and convincing evidence, that the state court erred in finding both Hedlund and McKinney involved in the 1992 escape plot. B. Hedlund’s leg restraint was not imposed based on a clearly unreasonable determination of the facts, nor was its imposition contrary to, or an unreasonable application of, clearly established federal law. 1. Standard of Review As an initial matter, Hedlund argues that we should review this claim de novo because the Arizona Supreme Court erroneously attributed McKinney’s 1991 escape attempt to Hedlund. While the Arizona Supreme Court’s recitation of that fact is in error, as the federal district court correctly recognized, there is no indication that the trial court or the Arizona Supreme Court on direct review erred in concluding that Hedlund was involved in the 1992 escape plot with McKinney. The trial court presumed that Hedlund was the other capital inmate plotting an escape with McKinney in 1992. Hedlund has not shown that this presumption was an unreasonable determination of the facts. Nor has he rebutted this factual determination with clear and convincing evidence. Deputy Lane testified that an inmate (who knew McKinney) overheard McKinney plotting with another capital defendant. While the inmate-informant did not know Hedlund by name, jail security personnel drew the inference that the unnamed capital defendant was Hedlund. Jail security personnel then acted upon this tip by noting the security risk on Hedlund’s jail card. Thus, when the Arizona Supreme Court stated that Hedlund made plans with another capital defendant (i.e., McKinney) to escape, this was neither factually erroneous nor objectively unreasonable based on Deputy Lane’s testimony. 2. An essential state interest justified the leg restraint. The Arizona Supreme Court’s decision affirming the use of the leg brace was not contrary to, or an unreasonable application of, clearly established federal law. Ordering the leg brace was justified by an essential state interest. The Supreme Court has defined shackling as “the sort of inherently prejudicial practice that ... should be permitted only where justified by an essential state interest specific to each trial.” Holbrook v. Flynn, 475 U.S. 560, 568-69, 106 S.Ct. 1340, 89 L.Ed.2d 525 (1986) (emphasis added). This determination turns on the facts of the case. Where an obstreperous defendant’s actions threaten the proceedings, even fully binding and gagging the defendant could be constitutionally permissible. Illinois v. Allen, 397 U.S. 337, 344, 90 S.Ct. 1057, 25 L.Ed.2d 353 (1970). Here, the trial court found that Hedlund posed a security risk, thus warranting the minimally intrusive restraint. The trial court based this finding on the alleged 1992 escape plot involving both Defendants, the nature of the charges, and the safety of all persons in the courtroom during trial. The trial court’s conclusion, that specific security interests presented by the facts of this case warranted the leg restraint, cannot be said to be contrary to, or an unreasonable application of, Holbrook (i.e., whether an essential state interest justified the use of a leg brace in this case). Holbrook, 475 U.S. at 569, 106 S.Ct. 1340. See also Hamilton v. Vasquez, 882 F.2d 1469, 1471 (9th Cir.1989) (“Shackling is proper where there is a serious threat of escape or danger to those in and around the courtroom, or where disruption in the courtroom is likely if the defendant is not restrained.”); Crittenden v. Ayers, 624 F.3d 943, 971 (9th Cir.2010) (defendant failed to rebut “by clear and convincing evidence the trial court’s finding on the record that the restraints were justified by a state interest specific to Crittenden’s trial, namely his likelihood of escape or ‘nonconforming conduct.’ ”). The record shows that jail personnel became aware of the 1992 escape plan after a tip from another inmate. While the inmate knew McKinney’s name, the inmate knew only that the co-plotter was another inmate charged with capital murder. Jail personnel then reviewed and acted upon this information. We do not know how jail personnel made the inference-that the second inmate was Hedlund (e.g., whether Hedlund was the only other capital murder defendant who had been talking to McKinney, or was the only capital murder defendant housed in close proximity to McKinney). However, we do know that, after learning of the plot, jail personnel applied special security procedures to both Defendants and provided this information to the trial court. While the trial court based its conclusion regarding the escape plot on information provided by jail personnel, the trial court’s reliance on this testimony was not contrary to, or an unreasonable application of, clearly established federal law. The trial court could have used the jail’s security-based decision as support for its conclusion that Hedlund posed an escape risk, because such decisions are subjective and discretionary. Cf. Rhodes v. Chapman, 452 U.S. 337, 350 n. 14, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981) (“[A] prison’s internal security is peculiarly a matter normally left to the discretion of prison administrators.”). The trial court relied on Deputy Lane’s assertion and concluded as follows: I have been provided with what I have weighed and considered as reasonably reliable evidence that there is indeed a real escape risk in this case; perhaps not in the courtroom, but one that has been articulated outside the hearing of the Court in a fashion that indicates that both defendants were anticipated to be involved in it.... [There was] certainly some thought being given on the nature and mode of escape. Although the trial court based this decision on hearsay coming from within the jail, there is no clearly established federal law suggesting that such a finding is impermissible. Challenging the trial court’s reliance upon such hearsay, Hedlund cites Gonzalez v. Pliler, 341 F.3d 897, 902 (9th Cir.2003). However, Gonzalez is inapplicable to this case. First, Gonzalez applies the “less restrictive alternatives” test that was not clearly established federal law for AEDPA purposes. See Crittenden, 624 F.3d at 971-72 (recognizing that “case law requiring a court to weigh the benefits and burdens of shackling and pursue less restrictive alternatives was not clearly established federal law” before Deck v. Missouri, 544 U.S. 622, 125 S.Ct. 2007, 161 L.Ed.2d 953 (2005)). Second, while Gonzalez recognized that the rules regarding physical restraints in California and the Ninth Circuit are largely coextensive, id. at 902 n. 1, the language stating that a court may not rely upon “the unsubstantiated comments of others” is drawn from California precedent, not clearly established federal law, id. at 902 (quoting People v. Mar, 28 Cal.4th 1201, 124 Cal. Rptr.2d 161, 52 P.3d 95, 107 (2002)). It was not objectively unreasonable for the Arizona Supreme Court to find an essential state interest based on Lane’s testimony regarding the 1992 Hedlund/McKinney escape attempt. Therefore, upholding the decision to impose the leg brace was not contrary to, or an unreasonable application of, clearly established federal law. 3. Prejudice Because the Arizona Supreme Court’s adoption of the finding that Hedlund’s leg brace was justified by an essential state interest is not contrary to, or an unreasonable application of, Holbrook, we do not reach the question of prejudice. II. Use of Dual Juries A. Background and procedural history Over the Defendants’ and prosecutor’s objections, the trial court ordered the Defendants’ cases tried before dual juries. The trial court reasoned that two trials would cause needless duplication, the victims’ families would suffer twice, and the only evidence that was not admissible to both juries could be covered in a single afternoon. The court set forth detailed procedures to be used at trial to avoid any problems. Hedlund challenged the use of dual juries in a special action to the Arizona Court of Appeals. See Hedlund v. Sheldon, 173 Ariz. 143, 840 P.2d 1008, 1009 (Ct.App.1992). The court of appeals reversed, holding that the trial court exceeded its authority under the Arizona Rules of Criminal Procedure and the Arizona Supreme Court’s decision in State v. Lambright. Id. However, the Arizona Supreme Court reversed the court of appeals, concluding that the decision to empanel a dual jury is an “exercise of an individual judge’s discretion to use a particular technique in order to meet a specific problem in a single case.” Id. at 1011 (internal quotation marks omitted). Thus, the court affirmed the decision to impanel dual juries. Post-trial, the trial court rejected Hedlund’s renewed dual jury challenge. The court found that it had eliminated the risk of possible prejudice by empaneling dual juries rather than having one jury consider both Defendants’ guilt. The court concluded that this strategy worked, because the verdicts reflected that the juries were able to do their jobs intelligently. B. The use of dual juries at trial was not contrary to, or an unreasonable application of, clearly established federal law. Because Hedlund cannot point to clearly established federal law governing this claim, habeas relief is unavailable. The Supreme Court has not spoken on the issue of dual juries, and Hedlund cites no relevant authority. In Zafiro v. United States, 506 U.S. 534, 538-39, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993), the Court held that severance is not required in the face of antagonistic defenses. Even where prejudice is shown, Rule 14 of the Federal Rules of Criminal Procedure “leaves the tailoring of the relief to be granted, if any, to the district court’s sound discretion.” Id. The Court went on to say that severance should be granted “only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence.” Id. at 539, 113 S.Ct. 933. Hedlund argues that this claim is valid, because certain of his specific trial rights were violated. While Zafiro holds that severance should be granted if there were a serious risk that a specific trial right would be compromised, Zafiro does not apply to § 2254 cases. Zafiro was a direct-appeal case originating in federal district court (i.e., a case in which the Federal Rules of Criminal Procedure applied). See Collins v. Runnels, 603 F.3d 1127, 1131-32 (9th Cir.2010) (“By its own wording, Zafiro only applies to federal and not state court trials. It analyzes only the Federal Rules of Criminal Procedure applicable to federal district courts.”), cert. denied, — U.S. -, 131 S.Ct. 243, 178 L.Ed.2d 162 (2010). Even if we could apply Zafiro’s prejudice holding, Hedlund has not identified any specific constitutional right that has been violated. While he alludes to several constitutional violations, none of these arguments is well developed with citation to authority. To the extent Hedlund argues that the prosecutor was improperly allowed to ask leading questions or elicit ambiguous testimony, he does not cite specific examples. Moreover, defense counsel had the opportunity to object at trial and did so. Although some objections were overruled, it is not clear the subject questions were leading or ambiguous, and if so, whether these evidentiary rulings were improper or harmed Hedlund in any way. Even if ambiguous testimony or leading questions could somehow amount to a constitutional violation, the testimony did not prevent Hedlund from demonstrating lack of motive or putting on a full defense. The jury heard testimony that Hedlund had a steady job and did not need to steal for money, and Lemon and Morris testified that Hedlund wanted nothing to do with the early burglaries. Hedlund’s antagonistic defenses argument similarly fails. There is no constitutional right to severance merely because codefendants point the finger at each other. Moreover, the trial court’s remedy of employing procedural safeguards for the use of dual juries was within its discretion. Because none of Hedlund’s dual jury arguments demonstrate prejudice that is so “clear, manifest or undue that he was denied a fair trial,” even if Zafiro applied, this claim fails. See Lambright v. Stewart, 191 F.3d 1181, 1185-87 (9th Cir.1999) (dual juries are permissible in capital cases so long as they comport with Due Process; denial of a motion to sever for antagonistic defenses not reversible without a showing of clear prejudice). III. Juror Bias A. Background and procedural history On the second day of trial, one juror (“the Juror”) wrote a letter to the trial court disclosing the fact that she discovered she was distantly related to McClain, the second murder victim. In the letter, the Juror explained that she had become aware of this fact only that morning. When the Juror informed her mother she was serving on a jury, her mother stated that “she had read of a trial starting in Mesa in which one of the victims had been married to a cousin of [the juror’s] stepfather.” The Juror told her mother she could not discuss the trial and did not want to hear anything further. However, the Juror realized she would have to disclose this to the judge, so she asked her mother the name of the victim who was married to the stepfather’s cousin. The Juror stated that she didn’t personally recognize the name of the victim and had “never met, nor even heard of, [her] stepfather’s cousin, who is deceased.” She then concluded with the following statement regarding her ability to serve on the jury: “I don’t believe it would affect my ability to be fair and impartial, but I do not wish to compromise the proceedings in any way, so I wish to make the court aware of the situation.” In response to the letter, the trial court held a hearing in chambers to explore whether the Juror should remain on the jury. The court read the Juror’s statement about impartiality back to her and asked if this were her belief. She responded, “Yes, it is.” In response to the court’s questions, the Juror explained that she had never met her stepfather’s now deceased cousin who used to be married to McClain. In fact, until the conversation with her mother, she didn’t even know the cousin existed. Hedlund’s counsel inquired about the Juror’s relationship with her stepfather. The Juror explained that they “have a very superficial relationship.” Hedlund’s counsel moved to strike the Juror for cause on the basis that she was a distant relative of the victim. The court stated, “given what she said here today I would not, based on what I’ve heard ... have stricken her for cause.... She is now on the jury. And based on the circumstances she has relayed to me, I’m going to deny the motion. She’ll remain on the panel.” On appeal, the Arizona Supreme Court affirmed, finding that nothing in the record suggested the Juror was untruthful in stating she could be fair and impartial. The federal district court agreed. The district court found no risk of “substantial emotional involvement based on [the Juror’s] highly attenuated connection with the victim, about which the [J]uror was not even aware.... ” B. The trial court complied with clearly established federal law when it determined no juror bias was present. 1. Hedlund has failed to prove actual bias. Because the trial court followed clearly established federal law regarding actual juror bias, Hedlund’s claim fails on this theory. In Remmer v. United States, the Supreme Court held that juror bias should be determined “in a hearing with all interested parties permitted to participate.” 347 U.S. 227, 229-30, 74 S.Ct. 450, 98 L.Ed. 654 (1954). In Smith v. Phillips, the Supreme Court reversed a grant of habeas where the lower federal courts found insufficient a hearing to determine juror bias. 455 U.S. 209, 214-16, 221, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982). During the Smith trial, one of the jurors applied for a job as an investigator with the DA’s office. Id. at 212, 102 S.Ct. 940. The prosecutors were aware of the application, but did not tell the court or defense counsel until after the jury returned its verdict. Id. at 212-13, 102 S.Ct. 940. Upon learning of the juror’s job application, the defendant moved to set aside the verdict. Id. at 213, 102 S.Ct. 940. The trial court held a hearing on this motion, at which both the prosecutors and the juror testified. Id. After the hearing, the trial court found that the juror was not biased as a result of his job application to the DA; and no evidence suggested a “sinister or dishonest motive” on the prosecutors’ part. Id. at 214, 102 S.Ct. 940. On habeas appeal, the federal district court found the trial court’s bias hearing insufficient and granted relief, which the Second Circuit affirmed. The Supreme Court reversed the lower federal courts, finding that the trial court’s hearing (exploring the issue of juror bias) was sufficient to comply with due process. Id. at 221, 102 S.Ct. 940. The Court reiterated that it “has long held that the remedy for allegations of juror partiality is a hearing in which the defendant has the opportunity to prove actual bias.” Id. at 215.102 S.Ct. 940. The Court rejected the argument that a trial court “cannot possibly ascertain the impartiality of a juror by relying solely upon the testimony of the juror in question.” Id. The Court disagreed that “the law must impute bias to jurors” in this situation. Id. Rather than ordering a new trial any time the issue of juror bias arises, the Court explained that holding a hearing to determine actual bias, such as that conducted by the trial court, is the appropriate course of action. Id. at 217.102 S.Ct. 940. The Smith court concluded: [D]ue process does not require a new trial every time a juror has been placed in a potentially compromising situation. Were that the rule, few trials would be constitutionally acceptable. The safeguards of juror impartiality, such as voir dire and protective instructions from the trial judge, are not infallible; it is virtually impossible to shield jurors from every contact or influence that might theoretically affect their vote. Due process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences and to determine the effect of such occurrences when they happen. Such determinations may properly be made at a hearing like that ordered in Remmer and held in this case. Id. (footnote omitted). The Court recognized that hearings of this sort will “frequently turn upon testimony of the juror in question,” but rejected the contention that “such evidence is inherently suspect.” Id. at 217 n. 7, 102 S.Ct. 940. When a juror tries “as an honest man to live up to the sanctity of his oath[, the juror] is well qualified to say whether he has an unbiased mind in a certain matter.” Id. Lastly, the Court reiterated that, because this case was a § 2254 proceeding, the trial judge’s findings are “presumptively correct” and cannot be overcome without clear and convincing evidence. Id. at 218, 102 S.Ct. 940. The Arizona Supreme Court’s finding that the trial court did not abuse its discretion in refusing to dismiss the Juror was not contrary to, nor an unreasonable application of, Smith and Remmer. The trial judge conducted a hearing involving all interested parties to explore the issue of juror bias. At this hearing, Hedlund had the opportunity to prove actual bias. This is the remedy prescribed by the Supreme Court. Smith, 455 U.S. at 215, 102 S.Ct. 940. Hedlund challenges the sufficiency of the in-chambers hearing, arguing that the hearing was cursory, defense counsel was not given time to prepare, and it was the judge’s duty to question the Juror sufficiently. Hedlund argues that defense counsel could not be expected to conduct a vigorous cross-examination that might place Hedlund in a negative light. However, Smith does not dictate that an in-chambers hearing is insufficient, must be of a particular length, or must be conducted only after certain notice. Id.; see also Dyer v. Calderon, 151 F.3d 970, 974-75 (9th Cir.1998) (“An informal in camera hearing may be adequate for this purpose; due process requires only that all parties be represented, and that the investigation be reasonably calculated to resolve the doubts raised about the juror’s impartiality.”). Here, the trial court questioned the Juror about her ability to be impartial, it did not rush defense counsel as counsel familiarized himself with the Juror’s letter, and it followed up with additional questions. Based on the Juror’s responses that she was unaware of both her stepfather’s now-deceased cousin and the victim, her relationship with her stepfather was superficial, and her belief was that she could remain impartial, the court was satisfied that no actual bias was present. As the Ninth Circuit explained in Calderon: “So long as the fact-finding process is objective and reasonably explores the issues presented, the state trial judge’s findings based on that investigation are entitled to a presumption of correctness.” Id. at 975. Thus, the court complied with clearly established federal law. Although the Juror stated that she “believed” she could be impartial, she did not equivocate and the judge found this affirmation sufficient. Hedlund points to no authority requiring more of an assurance from the Juror. See Bashor v. Risley, 730 F.2d 1228, 1237 (9th-Cir.1984) (no error in keeping juror when juror responded to question of whether she could be impartial with ‘Tes, I think I could.”). 2. There is no clearly established law governing implied bias, and Hedlund has not shown that implied bias should apply here. There is no clearly established federal law regarding the issue of implied bias. The Supreme Court has never explicitly adopted or rejected the doctrine of implied bias. See Fields v. Woodford,, 309 F.3d 1095, 1104 (9th Cir.2002) (noting the fact that the “Supreme Court has never explicitly adopted (or rejected) the doctrine of implied bias”), amended on other grounds, 315 F.3d 1062 (9th Cir.2002). Thus, Hedlund’s claim fails on grounds of implied bias Although the Ninth Circuit has presumed bias on a rare occasion, it has based this finding on close relationships or the fact that a juror has lied. See, e.g., United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977) (bias of bank teller employee presumed where defendant robbed another branch of same bank and tellers had “reasonable apprehension of violence by bank robbers”); Green v. White, 232 F.3d 671, 676-78 (9th Cir.2000) (presuming bias biased on juror’s pattern of lies). However, these cases are not clearly established federal law. In any event, nothing in the record suggests the Juror lied during voir dire or had a close relationship with McClain. IV. Ineffective Assistance of Counsel during Plea Process A. Background and procedural history Before trial, Hedlund reached a plea deal with the prosecutor. During an informal chambers discussion, defense counsel and the prosecutor were asked to explain the factual basis for the plea, which offered a guilty plea for the second degree murder of Mertens and theft with a prior for taking McClain’s guns. The trial court rejected the plea agreement, because it did not involve enough accountability for the McClain homicide. The court suggested a plea involving a burglary count with respect to McClain could be considered. However, as discussed below, the court had other reservations with respect to this and any future plea agreement. The parties continued negotiating and reportedly arrived at a second agreement consisting of a guilty plea for the second degree murder of Mertens, and theft with a prior and burglary non-dangerous with respect to McClain. On the day the second plea was to be presented in chambers, Hedlund’s counsel instead called chambers and asked the judge if he would recuse himself. When the judge responded that he would not, Hedlund filed a motion for recusal of judge, followed by a motion for change of judge. A second judge heard the latter motion. The motion made clear that Hedlund wanted to plead guilty to the new plea agreement, but that he refused to do so in front of the trial judge, Judge Sheldon. The second judge denied the motion and trial began immediately. The substance of the motion hearing is discussed below in the context of the ineffective assistance of counsel analysis. On appeal, the Arizona Supreme Court questioned whether a second plea was ever reached. The court also noted that the prosecutor’s testimony at the hearing on the change-of-judge motion was that Hedlund in fact rejected the second plea. Thus, the court rejected the claim that the trial court erred in any way with respect to the purported second plea. The claim challenging counsel’s performance was similarly rejected on PCR review. B. The state PCR court did not unreasonably apply Strickland. The two-part test for demonstrating ineffective assistance of counsel, set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), is also “applicable to ineffective-assistance claims arising out of the plea process.” Hill v. Lockhart, 474 U.S. 52, 57, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). We must first ask whether “counsel’s assistance was reasonable considering all the circumstances.” Strickland, 466 U.S. at 688, 104 S.Ct. 2052. Counsel must have “wide latitude ... in making tactical decisions,” and “[jludicial scrutiny of counsel’s performance must be highly deferential.” Id. at 689, 104 S.Ct. 2052. We “must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. In the context of that presumption, we “must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance.” Id. at 690, 104 S.Ct. 2052. Second, if counsel’s performance were deficient, we assess prejudice. Prejudice “focuses on whether counsel’s constitutionally ineffective performance affected the outcome of the plea process.” Hill, 474 U.S. at 59, 106 S.Ct. 366. “In other words, in order to satisfy the ‘prejudice’ requirement, the defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Id. (footnote omitted). Under AEDPA, review of the state court’s application of Strickland is “doubly deferential” to the performance of counsel, because a petitioner must show that the state court’s ruling was an objectively unreasonable application of Strickland. 28 U.S.C. § 2254(d)(1); see also Bell v. Cone, 535 U.S. 685, 698-99, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002); Knowles v. Mirzayance, 556 U.S. 111, 129 S.Ct. 1411, 1420, 173 L.Ed.2d 251 (2009). 1. It was not objectively unreasonable for the state PCR court to conclude that counsel’s performance was not deficient. The state court did not unreasonably apply Strickland. Because Hedlund has not shown that his counsel performed deficiently in making the tactical decision to attempt to move Hedlund’s plea proceedings before a different judge, relief is unavailable. Hedlund’s arguments that counsel failed to present the second plea in a timely manner and that there was a reasonable probability that the trial judge would have accepted that plea are not supported by the record. First, on the day both counsel were supposed to appear in chambers to discuss the second plea agreement, Hedlund’s counsel called the court to ask informally whether the judge would recuse himself. Counsel explained that “Mr. Hedlund would be willing to enter into a plea agreement but not in front of Judge Sheldon.” The judge’s assistant responded that the judge would not recuse himself and since counsel did not appear that day as required, the court would no longer entertain further plea agreements. Based on Judge Sheldon’s response, Hedlund’s counsel filed a motion for change of judge for cause in which he challenged “the bias exhibited by the court with regard to Mr. Hedlund.” In the motion, counsel explained: Hedlund is willing to enter into [the second] plea agreement in any court other than this court. Defendant Hedlund feels that this court has become biased against him. He feels that he wifi not be offered a realistic opportunity to persuade this court at the time of sentencing that any sentence other than the maximum consecutive sentence is appropriate. This feeling is based, in part, on the court’s sua sponte decision to empanel dual juries, the denial of all substantive pretrial motions filed by the defense and the court’s demeanor leading up to trial.... The court’s failure to recuse itself would be tantamount to forcing the death penalty upon defendant Hedlund. As the court is aware, there is a significant amount of evidence against Mr. Hedlund in these cases. It is Mr. Hedlund’s purpose to avoid the death peanlty in this case. would be willing to enter into a plea but not in front of that Court [Judge Sheldon]. He would be willing to enter it in front of any other Court and this is again, a plea Judge Sheldon would most likely have been amenable to, but Mr. Hedlund felt he would not get a fair shake and still the Court said, no, we will not recuse ourselves so let justice be done. At the motion hearing before another judge, Judge Sheldon testified regarding his concerns with the first plea agreement and the fact that a second plea agreement was never formally offered. When Hedlund’s counsel examined Judge Sheldon, Judge Sheldon also explained that (1) he was concerned about the plea being commensurate with culpability, (2) he took into account victim letters received from McClain’s family, and (3) continuing the plea process when a plausible plea was not on the table would only waste time and thwart the arrangements for a single trial with dual juries. In his closing remarks, defense counsel argued why he thought Judge Sheldon was biased and why it would result in an unfair trial for Hedlund. With respect to the plea process, counsel highlighted the fact that Hedlund refused to plead before Judge Sheldon. Specifically, counsel stated that Hedlund Counsel concluded with an impassioned argument about the justice system and the importance of maintaining the community perception of fairness to victims and defendants alike. Counsel pleaded he was not asking for a handout, but “[w]hat he [was] asking on behalf of [Hedlund] is fairness, the ability to be heard before a Court without the appearance of impropriety.” In rebuttal, counsel argued that, when you put all of the things Judge Sheldon did together, “it is enough for [Hedlund] and I to believe for the community to say, hold it, he is not getting a fair shake. There is the appearance of impropriety in reading those [victim] letters at that time and not giving him the benefit of a presentence report.” Counsel argued that the letters were not merely victim letters, but ex parte communications from state witnesses who also happened to be victims. Counsel reiterated that rejection of the plea to facilitate moving forward with the dual jury procedure was also improper. This record demonstrates that counsel’s motion to have Hedlund’s case moved before a different judge was purely a tactical decision. Counsel apparently honestly believed that Hedlund could not get a “fair shake” in front of Judge Sheldon. Even though counsel believed Judge Sheldon was likely to accept the second plea, counsel persisted with the request. He persisted, because he thought Hedlund faced an undue risk of bias and would surely receive a death sentence from Judge Sheldon if the second plea agreement were not accepted and the case proceeded to trial. Counsel’s written motion and arguments made clear that it was Hedlund’s primary goal at this point to avoid the death penalty. We must give deference to counsel’s tactical decision to do whatever he could to put his client in front of a non-biased judge (who was not pre-inclined to sentence Hedlund to death). It was not error for the state PCR court to conclude that counsel’s performance was not deficient. Indeed, counsel made strong arguments about the judge having ex parte communication with the state’s witnesses (who were also victims) and gave many reasons for wanting the case moved before another judge. Hedlund’s and the dissent’s argument that counsel missed the deadline for the second plea agreement is a red herring. At base, this argument again challenges counsel’s tactical decision. On the day defense counsel and the prosecutor were supposed to appear in chambers to discuss the second plea agreement, counsel instead put the wheels of recusal in motion. He called chambers requesting recusal. When the judge declined, he proceeded with a formal motion to have the recusal motion heard before another judge so that the plea process could continue in front of an unbiased jurist and without the dual jury deadline hanging over his head. This too was a tactical decision; it was not an act of incompetency. Because counsel’s performance did not fall outside of the wide range of professionally competent advice, the state courts did not unreasonably apply the first prong of Strickland. 2. No prejudice has been shown. Even assuming the state PCR’s court’s application of Strickland was objectively unreasonable, Hedlund has not shown a reasonable probability that, but for counsel’s errors, Hedlund would not have gone to trial. In other words, the record does not demonstrate that, if counsel would have presented the second plea agreement to Judge Sheldon (instead of calling chambers to ask for recusal), there is a reasonable probability Judge Sheldon would have accepted the agreement and Hedlund would have avoided the death penalty. Sec Lafler v. Cooper; — U.S. -, 132 S.Ct. 1376, 1385, 182 L.Ed.2d 398 (2012) (“In these circumstances a defendant must show that but for the ineffective advice of counsel there is a reasonable probability that the plea offer would have been presented to the court ..., that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the judgment and sentence that in fact were imposed.”). Although Hedlund argues that the second plea with respect to the McClain homicide would have complied with the range of acceptable penalties to which the trial court would have agreed, it is unlikely that the court would have accepted the plea as to either the Mertens or the McClain crimes. First, with respect to the McClain homicide, while Judge Sheldon had indicated that first degree burglary would be a starting point, “[a]t that point, [Judge Sheldon] had not made up [his] mind whether or not that would be an appropriate disposition because [he] still ... continued to have serious reservations about the disposition of this case given the charges against [Hedlund].... ” Judge Sheldon testified with respect to the first plea agreement, “Quite frankly, I was very surprised there had not been a plea to First Degree Murder with the State stipulating it would not seek the death penalty, and I was surprised there had been a plea to Second Degree Murder and I think from what I gathered in [defense counsel’s] conversations, that [counsel] shared my reservations about being able to establish a factual basis for Second Degree Murder to a Felony Murder charge because the law is quite clear, there are no lesser included offenses to Felony Murder.” Based on the court’s statements, this plea would not have provided sufficient accountability for the McClain homicide. There is nothing else in the record suggesting a reasonable probability that the court would have accepted the new offer of a plea to theft with a prior and burglary non-dangerous with respect to McClain. Second, with respect to Mertens, during the hearing on the change-of-judge motion, Judge Sheldon testified that, after reviewing the first plea agreement, he “continue[d] to have reservations about [the second degree murder plea for the Mertens homicide] and as I indicated to [defense counsel], at the conclusion of that hearing, that I was — [defense counsel] had indicated to me apparently [he] and [the prosecutor] were going to continue plea negotiations or try and work something out.” Judge Sheldon further testified that he “continued to have reservations as you all did in stating to me you weren’t sure whether or not a plea to Second Degree Murder, you would be able to establish a factual basis, so there were reservations ... between all parties at that point.” With respect to the first plea agreement, even after the parties recited a factual basis for second degree murder, the court’s concerns “were not dispelled” as to whether the plea could be accepted for the Mertens homicide. Again, there is nothing in the record to suggest that the court’s concerns would have been dispelled such that it would have accepted the second plea agreement’s identical offer of second degree murder for the Mertens crime. Third, Judge Sheldon expressed concern about “disparate treatment given to ... co-defendants” and whether this would create due process concerns under existing Supreme Court precedent. Judge Sheldon also explained that, if it turned out Hedlund was just as culpable or more culpable than McKinney, he would have been allowed less severe punishment under the plea agreement while McKinney faced the death penalty. Counsel was given the opportunity to explain during the informal plea discussion how Hedlund was less culpable than McKinney, but the judge “simply did not hear it.” In sum, Judge Sheldon expressed (1) ongoing reservations about even accepting a second degree murder plea for the Mertens homicide, (2) concern that the plea reflect the appropriate amount of culpability for the McClain homicide (given the strong evidence against Hedlund), and (3) a desire to avoid disparate sentences. Moreover, the record indicates that Hedlund was not willing to enter a plea agreement in front of Judge Sheldon. When defense counsel called Judge Sheldon’s chambers asking the judge to recuse himself, the explanation defense counsel provided was that “Hedlund would be willing to enter into a plea agreement but not in front of Judge Sheldon.” He provided the same explanation in his motion to recuse. On this record, it cannot be said that, if Hedlund’s counsel had presented the second plea to Judge Sheldon, there is a reasonable probability it would have been accepted and the death penalty avoided. Thus, Hedlund has failed to show prejudice. Y. Consideration of Mitigating Evidence under Lockett/Eddings A. Background and procedural history During the penalty phase of trial, the trial court found evidence of Hedlund’s tortured childhood to be compelling and credible. However, the court found that the mitigating factors of Hedlund’s childhood abuse and long-term alcohol use did not outweigh aggravating factors. The court reached this conclusion because, at the time of the crime, these factors did not affect Hedlund’s behavior or prevent him from knowing right from wrong. The trial court thus sentenced Hedlund to death. When the Arizona Supreme Court conducted an independent review of the mitigating factors, it struck one of Hedlund’s aggravating factors and reweighed the remaining aggravating factor against the mitigating evidence. The supreme court then found that the aggravating factor was not overcome. The federal district court also found that Hedlund’s trial court fulfilled its duty to consider all of the mitigating evidence and that it did not impose a relevancy test “or any other barrier” to consideration of this evidence. The district court concluded that no constitutional error arose when the trial court assigned less weight to the family-background and alcohol mitigating evidence because it did not influence Hedlund’s criminal conduct. B. The Arizona Supreme Court properly applied Lockett, Eddings, and their progeny. In Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), the Supreme Court held that [T]he Eighth and Fourteenth Amendments require that the sentencer ... not be precluded from considering, as a mitigating factor, any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.... Given that the imposition of death by public authority is ... profoundly different from all other penalties, ... [the sentencer must be free to give] independent mitigating weight to aspects of the defendant’s character and record and to circumstances of the offense proffered in mitigation.... Id. at 604-05, 98 S.Ct. 2954 (finding Ohio death penalty statute invalid where it permitted consideration of only three mitigating circumstances). Later, in Eddings v. Oklahoma, the Supreme Court applied Lockett in a case where the trial judge found he could not consider in mitigation evidence of the defendant’s family history. 455 U.S. 104, 112-13, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982). The appeals court affirmed the trial court, finding that the mitigation evidence was “not relevant because it did not tend to provide a legal excuse” for responsibility for the crime. Id. The Supreme Court reversed, explaining that, [j]ust as the State may not by statute preclude the sentencer from considering any mitigating factor, neither may the sentencer refuse to consider, as a matter of law, any relevant mitigating evidence. ... The sentencer ... may determine the weight to be given relevant mitigating evidence. But they may not give it no weight by excluding such evidence from their consideration. Id. at 113-15,102 S.Ct. 869. In Tennard v. Dretke, the Supreme Court rejected a “nexus test” that would find mitigating evidence relevant only where it bears a causal nexus to the crime. 542 U.S. 274, 287, 124 S.Ct. 2562, 159 L.Ed.2d 384 (2004) (“[W]e cannot countenance the suggestion that low IQ evidence is not relevant mitigating evidence ... unless the defendant also establishes a nexus to the crime.”). Citing Lockett/Eddings, the Court cautioned that the jury must be given an effective vehicle with which to weigh mitigating evidence so long as the defendant has met a “low threshold for relevance,” which is satisfied by “evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value.” Id. at 284-85, 124 S.Ct. 2562. In Smith v. Texas, the Court again considered the use of a nexus test to determine whether any mitigating evidence is relevant. 543 U.S. 37, 45, 125 S.Ct. 400, 160 L.Ed.2d 303 (2004). The Court “unequivocally rejected” any test requiring a causal nexus between mitigating evidence and the crime. Id. We have held that Tennard and Smith are retroactively applicable to decisions such as the Arizona Supreme Court’s 1996 decision in this case. See Schad v. Ryan, 671 F.3d 708, 723 (9th Cir.2009) (per curiam), cert. denied, — U.S. -, 133 S.Ct. 432, 184 L.Ed.2d 264 (2012). Thus, under federal law clearly established by the Supreme Court, we review (1) whether the trial court considered all relevant mitigating evidence, as required by Lockett and Eddings-, and (2) whether the Arizona Supreme Court applied an unconstitutional causal nexus test to exclude evidence proffered in mitigation, contrary to, or an unreasonable application of, Tennard and Smith. The Arizona Supreme Court did not exclude any of Hedlund’s mitigating evidence. Nor did it employ an unconstitutional nexus test. Therefore, its conclusion that the aggravating circumstance “clearly outweighs the minimal mitigating evidence,” was not contrary to, nor an unreasonable application of, clearly established federal law. 1. All mitigating evidence was considered as required by Eddings. The Arizona Supreme Court did not violate Eddings, because it considered all mitigating evidence presented by Hedlund. The Arizona Supreme Court clearly understood and applied the controlling Supreme Court precedent. See McKinney, 917 P.2d at 1226. While the trial court was required to consider all mitigating mental health evidence, the Arizona Supreme Court recognized that the trial court was vested with “broad discretion ... to determine the weight and credibility given to it.” Id. Thus, because the trial judge did not fail to consider the experts’ psychological testimony but instead found some of the opinions lacking in credibility, the Arizona Supreme Court properly concluded that Hedlund’s constitutional rights were not violated. See Lopez v. Schriro, 491 F.3d 1029, 1037-38 (9th Cir.2007) (reviewing court’s conclusion that trial court had reviewed all mitigating evidence is not objectively unreasonable under AEDPA when based on trial court’s statement that it reviewed all such evidence). The Arizona Supreme Court’s decision demonstrates that no mitigating evidence was excluded. The Arizona Supreme Court considered and shared the trial court’s view of the mitigating evidence. It noted that childhood abuse “does not necessarily have substantial mitigating weight absent a showing that it significantly affected or impacted a defendant’s abili