043868P.pdf   12/08/2006  Martin Link  v.  Al Luebbers
   U.S. Court of Appeals Case No:  04-3868
   Eastern District of Missouri   
   [PUBLISHED] [Wollman, Author, with John R. Gibson and Arnold, Circuit
   Judges]
   Habeas corpus - Death Penalty. District court's denial of habeas
   relief is affirmed. Certificate of appealability was granted on
   three claims of ineffective assistance of counsel. No evidence was
   presented to show why trial counsel declined to pursue psychological
   testing to support mitigation and thus no reason to believe attorney's
   performance was anything other than reasonable professional assistance.
   Decision not to put on psychological evidence was a matter of trial
   strategy and not based on an unreasonable determination of the facts.
   Claim of ineffective appellate counsel for failure to challenge
   admission of state's accident reconstruction evidence and failure to
   assert jury selection error fails, as choice of issues to raise on
   appeal was a strategic choice and defendant cannot prove prejudice.