Robert Lee HENSLEY, Petitioner-Appellant, v. Roger CRIST, Warden; Grant Woods, Attorney General, Respondents-Appellees

ORDER

The Memorandum disposition filed on August 11, 1995, is redesignated as an authored Opinion.

OPINION

Appellant Robert Lee Hensley (“Hensley”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1982 conviction of two counts of first-degree murder, one count of attempted first-degree murder, and armed robbery. Hensley’s challenge is based upon ineffective assistance of counsel.

I

Hensley was indicted for two counts of first-degree murder, one count of attempted first-degree murder, one count of armed robbery, and one count of kidnapping on March 17,1981 in connection with an armed robbery at the Tin Horn Saloon in Phoenix, Arizona on January 26, 1981. The Maricopa County Superior Court appointed counsel to represent Hensley on these charges and joined Hensley’s ease with those of co-defendants, Richard Cihak (“Cihak”) and Robert Paul Berndt (“Berndt”). The superior court also ruled that two confessions made by Hensley to various investigating officers were admissible at trial.

On February 2, 1982, Hensley submitted his case for decision on stipulated facts, waiving his right to a jury trial. Hensley’s decision to waive his…