Durham, North Carolina, for Appellant.
filed a petition for habeas corpus relief, pursuant to 28 U.S.C.
2254, in the Western District of North Carolina.
subsequently granted a certificate of appealability.
defendant inflicted fatal injuries to his son, Lyle.
to watch Lyle while she washed some clothes.
Shank stated that she heard a bang.
rushed to the living room.
strong and that Lyle hit the wall very hard.
and Ms. Shank noted that he was turning blue.
Dont say anything, because I will hurt you too.
not moving, and exhibiting a slow heart rate.
him with my hand on his head.
State v. Atkins, 505 S.E.2d 97, 105 (N.C. 1998).
assaults during the sentencing hearing.
the murder was especially heinous, atrocious, or cruel.
compression fracture of the spine.
that are of varying ages.
Atkins, 505 S.E.2d at 106.
of certiorari, Atkins v. North Carolina, 526 U.S. 1147 (1999).
(MAR) in the Superior Court of Buncombe County.
in violation of Brady v. Maryland, 373 U.S. 83 (1963).
claim and granting the States motion for summary denial.
hearing on Atkinss Brady claim and denied relief.
of certiorari to appeal the denial of his MAR claims.
Atkins, 636 S.E.2d 811 (N.C. 2006).
Atkins v. Polk, No. 1:06cv372, 2011 WL 3608234, at *6 (W.D.N.C.
Atkinss motion to alter or amend the judgment.
granted a certificate of appealability.
Harrington v. Richter, 131 S.
Richardson v. Branker, 668 F.3d 128, 138 (4th Cir. 2012).
F.3d 535, 55556 (4th Cir. 2010).
deference to the state courts application of Strickland.
novo review of the claim under Strickland.
556 U.S. 449, 472 (2009).
does not accord Atkins relief.
Id. at 787 (quoting Strickland, 466 U.S.
at 687) (internal quotation marks omitted).
Strickland, 466 U.S. at 697.
prejudice, we should do so.
reliance on an alternate, futile defense.
suffer from Attention Deficit Hyperactivity Disorder.
creating distance from the experiences.
Butch and other boys in the neighborhood.
that victims of child abuse often become abusers themselves.
mother of the child that he was sorry.
cleaners to find employment with higher pay.
they had provided two letters for presentation at the hearing.
illnesses that caused a loss of hearing in his right ear.
of a Cub Scout Pack derby.
Atkinss abuse, Atkins had been the victim of an armed robbery.
failed to adequately investigate his childhood.
Ronald from the Atkins home.
from the home due to such abuse.
for a type of methamphetamine.
mother was addicted to prescription medication.
people and shoplift from stores.
supported by the evidence in this case.
recommended a different sentence, Strickland, 466 U.S. at 694.
would have provided further mitigation.
his half-brother and neighborhood boys.
traits; and a substance abuse disorder.
Atkins, 2011 WL 3608234, at *17.
and altered the jurys recommended sentence.
that the murder was especially heinous, atrocious, or cruel.
suffered from the pain associated with his injuries.
summary judgment on this claim.
also Strickler v. Greene, 527 U.S. 263, 280 (1999).
undermine confidence in the verdict.
had a lot of family problems.
making them sleep in the outside to[ilet].
with useful information and further investigative leads.
resulted in a different sentence.
courts determination was both reasonable and correct.
judgment to the State on this claim.
affirm the district courts denial of his 2254 petition.
FDCPA lawsuit filed by Centennial Law Offices.