Parker

MEMORANDUM **

As a result of our previous remand for an evidentiary hearing, the district court conducted a three-day hearing and issued extensive findings of fact and well supported conclusions of law. Parker’s claim of ineffective assistance by his trial attorney is, as the district court concluded, meritless.

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Parker’s petition can be granted only if the state court decision was “contrary to, or involved an unreasonable application of, clearly established Federal law” or “was based on an unreasonable determination of the facts.”

To establish a claim of ineffective assistance of counsel, Parker must prove that (1) his counsel’s performance was deficient, and (2) the deficient performance prejudiced the defense. 2 Counsel’s performance was deficient if, “considering all the circumstances, it falls below an objective standard of reasonableness measured under prevailing professional norms.” 3 In order to prove prejudice, there must be a “reasonable probability that, absent the errors, the factfinder would have had a reasonable doubt respecting guilt.”

In fulfilling his duty to investigate before making…