In a capital habeas matter, the denial of petitioner's petition is affirmed, where: 1) the results of new DNA testing could not exclude petitioner from the crime scene; 2) Kentucky's determination that petitioner failed to properly plead his claim that his counsel refused to allow him to testify precluded review; and 3) petitioner failed to overcome the presumption that the challenged questioning by his counsel might be considered sound trial strategy.
Argued: October 21, 2008
Decided and Filed: September 4, 2009
Opinion by Judge Rogers
Dissent by Judge Martin
Julie Scott Jernigan, Office of the Kentucky Attorney General, Frankfort, KY