In a capital habeas matter, the denial of Petitioner's petition is affirmed where: 1) defense counsel made an objectively reasonable strategic decision in not investigating further or presenting psychological evidence at trial; and 2) a post-trial examination of the gun Petitioner used did not indicate it was faulty in any material way that would have caused it to accidentally discharge.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
(D.C. NO. 2:95-CV-846-TC)
Decided June 19, 2009
Before McCONNELL, TYMKOVICH and GORSUCH, Circuit Judges.
McCONNELL, Circuit Judge.
Thomas B. Brunker, Assistant Attorney General (Erin Riley, Assistant Attorney General, and Mark Shurtleff, Utah Attorney General with him on the briefs), Salt Lake City, Utah, for Respondent-Appellee.