011537P.pdf   04/07/2003  Joseph Whitfield  v.  Michael Bowersox
   U.S. Court of Appeals Case No:  01-1537
                          and No:  01-1538
   Eastern District of Missouri   
   Habeas Case - Death Penalty. District court's grant of habeas corpus, 
   concluding state court had erred in determining Whitfield waived his 
   right to testify during the penalty phase, is reversed. The record supports 
   the state court's finding that Whitfield voluntarily waived the right 
   to testify. Counsel acted within range of competence when she advised 
   Whitfield not to testify and he did not demonstrate prejudice. State 
   court's determination that counsel was also not ineffective in her 
   treatment of two witnesses during the guilt phase, was not an 
   unreasonable applications of federal law. State court's decision to 
   deny new trial was not unreasonable; new evidence did not unquestionably 
   establish his innocence. Dissent by Judge Heaney on right to testify 
   and ineffective assistance claim.