Baca

MEMORANDUM *

The ineffective assistance claim that Baca did not raise in his federal habeas petition in district court and the claims he did not make in his opening brief are waived, under Young v. Runnels, 435 F.3d 1038, 1044 (9th Cir.2006), and United States v. Thomas, 447 F.3d 1191, 1200 (9th Cir.2006). His claim of ineffective assistance based on failure of his lawyer to investigate and advance a claim based on mental defect was preserved and is properly before us.

*960 With respect to that claim, Baca’s burden under 28 U.S.C. § 2254 (d) is to show that the state court decision was based on an “unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” The state court found as a matter of fact that counsel’s decisions to go no further than he did along these lines were “trial tactics.” Counsel obtained a report from a clinical psychologist who interviewed his client and consulted a methamphetamine psychosis expert. The state court determination was reasonable because: (1) much of the psychologist’s report was extremely harmful to Baca; (2) the part of the psychologist’s report possibly helpful to Baca would most probably be…