Ayers

INTRODUCTION

14 On June 15, 2016, this Court granted Petitioner’s request for an evidentiary hearing on Claim 15 I of his habeas petition alleging actual innocence. ECF No. 379. The evidentiary hearing was held 16 from March 19 to 21, 2018. ECF Nos. 450-52. Petitioner filed an opening brief on the merits of 17 his claim on February 8, 2019. ECF No. 493. Respondent filed an opposition and Petitioner replied. 18 ECF Nos. 508, 517. Oral argument was heard on August 23, 2019. ECF No. 526. The parties 19 subsequently briefed the merits of the ineffective assistance of counsel subclaim of claim H. ECF 20 No. 531, 532 & 535. The claims are fully briefed and ready for disposition. Based on the record 21 presented to date, the Court finds and orders as follows.

FACTUAL BACKGROUND

24 In 1987, a jury convicted Petitioner of the murder of Mrs. Willie Womble, the attempted 25 murder of Ms. Angela Womble, robbery of an inhabited dwelling, and first-degree burglary. The 26 jury found the robbery and burglary felony-murder special-circumstance allegations true, and found 27 that Petitioner personally used a firearm in the commission of these offenses and inflicted great …