Earp

MEMORANDUM **

Ricky Lee Earp appeals the dismissal of his habeas corpus petition challenging his *609 first-degree murder conviction and death sentence for molesting and killing eighteen-month old Amanda Doshier. Here we consider and reject Earp’s claims that the prosecutor committed misconduct by commenting on Earp’s silence, misstating the burden of proof, and stating his personal opinion of Earp’s guilt, and Earp’s claim that the cumulative effect of this alleged misconduct violated his right to due process. We also uphold the district court’s decision not to grant evidentiary hearings on Earp’s claims that his counsel was ineffective for failing to articulate a consistent defense, and for improperly eliciting testimony from the defense investigator.

I

Earp’s appeal comes to us from the Central District of California (“district court”), which reviewed the Supreme Court of California’s (“state court”) consideration of Earp’s habeas appeal stemming from his 1991 jury trial conviction and capital sentence in the Los Angeles County Superior Court (“trial court”). Because the facts and procedural history are known to the parties and not in dispute, we do not recount them…