Ninth Circuit -- GULBRANDSON V. RYAN

Denial of Habeas upheld.

Not calling a certain guilt-stage witness was possibly a strategic call, as it might have caused prejudice against deft -- therefore not an unreasonable application of Strickland.

Not recalling medical expert at penalty phase -- same.

Not recalling medical expert in penalty phase was waived in state Habeas -- raising another issue from the same affidavit was not enough to trigger state review.

No error in denial of evidentiary hearings for Federal Habeas.

Victim impact evidence not unduly prejudicial.

Second/successive denied as (1) not new; (2) reasonable factfinders can disagree.

DISSENT: Further exploration on not recalling the medical expert.



GULBRANDSON V. RYAN