Harris

MEMORANDUM **

Petitioner Ricky James Harris (“Petitioner”) appeals from the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We affirm on the certified issue of ineffective assistance of counsel regarding trial counsel’s failure to impeach Karen Harris with videotaped prior inconsistent statements. We deny the motion to expand the certificate of appealability (“COA”).

The state court’s determination that Petitioner was not prejudiced by trial counsel’s failure to impeach Karen Harris with her videotaped statements was not objectively unreasonable. See Williams v. Taylor, 529 U.S. 362, 409 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (explaining standard for determining unreasonable application of clearly established federal law under AEDPA). Ms. Harris’s videotaped statement that the shooting was an “accident” was conclusory and did not include any factual observations that contradicted her trial testimony. Furthermore, there was other evidence from which the jury could infer that Petitioner deliberately shot the victim, Davie Nolen, after Nolen angered him by mocking his gun. In particular, Petitioner’s specific story — that he was not…