In a capital habeas matter, the denial of the petition is affirmed as to petitioner's guilt where: 1) petitioner failed to claim potential or actual bias on the part of a juror; 2) there was no reasonable probability that the outcome of the guilt phase of the trial would have been different had suppressed evidence regarding a witness's plea agreement been introduced. However, the denial of the petition is reversed as to the penalty phase where trial counsel was constitutionally ineffective for failing to investigate and present to the jury the wealth of classic mitigating evidence that was available to him.
Argued and Submitted January 20, 2009
Filed September 18, 2009
Opinion by Judge Wardlaw