Ainsworth

This case arises out of a petition for a writ of habeas corpus as limited by 28 U.S.C. § 2254 , filed by Steven King Ainsworth, a California death row inmate. The Warden of San Quentin Prison (the “State”) appeals from the district court’s grant of relief on Ainsworth’s claim that he received ineffective assistance of counsel, and Ainsworth cross-appeals from the district court’s denial of relief on his remaining claims. We affirm in part, reverse in part, and remand with instructions to deny the writ.

FACTS AND PRIOR PROCEEDINGS

Seng “Nancy” Huynh was last seen alive by her husband on the afternoon of September 12,1978, when she left home to work the swing shift at her job in downtown Sacramento. A few minutes after 3:00 p.m., Ains-worth and Donald Gene Bayles entered the public parking lot where Huynh was parking her car. Shouting, “Come on, there’s one over there,” Ainsworth separated from Bayles. Shortly thereafter, Bayles heard a “pop” sound. Bayles found Ainsworth sitting in the driver’s seat of Huynh’s car, with Huynh sitting beside Ainsworth. Bayles got in the front seat, and with Huynh seated between the two men, Ainsworth drove Huynh’s car out of the parking…