Berry

MEMORANDUM *

Demarlo Berry, a state prisoner, appeals the denial of his petition for writ of habeas *189 corpus, filed pursuant to 28 U.S.C. § 2254 . The central issue on appeal is whether Mr. Berry was denied effective assistance of counsel when his attorney advised him to accept a nonunanimous jury verdict. We affirm the denial of Mi’. Berry’s petition because we conclude Mr. Berry failed to demonstrate that he was denied the effective assistance of counsel.

I

Mr. Berry pled not guilty to a three count indictment for burglary, robbery with use of a deadly weapon, and murder with the use of a deadly weapon. Trial began May 8, 1995 and the jury retired to deliberate May 19, 1995. Three days later, the court informed counsel that the jury was deadlocked 11-1, explaining “we do not know whether it is for guilty or not guilty.” After further deliberation, on May 28, the jury again advised the court it was deadlocked 11-1, and that one of the jurors had alleged that another juror was prejudiced.

After conferring with opposing counsel in chambers over a possible agreement providing for the acceptance of a nonunanimous verdict, Mr. Berry’s counsel stated that “if the Court is…