Harvey v. McNeil

(1) Whether the court below properly held that counsel's failure to strike an openly biased juror does not constitute objectively unreasonable performance under Strickland v. Washington and that petitioner must bear the affirmative burden of proving that he did not consent to the biased juror; (2) whether a court may presume a strategic purpose from a silent record regarding why counsel made decisions that are on their face objectively unreasonable; (3) whether the court below had the obligation to decide for itself which of two equally compelling interpretations of Florida v. Nixon was correct rather than deferring to the state court's interpretation under the Antiterrorism and Effective Death Penalty Act and whether the state court's interpretation of Florida v. Nixon to require that all unauthorized concessions of guilt by counsel in capital cases be evaluated under the Strickland actual-prejudice standard was correct; and (4) whether trial counsel rendered effective assistance of counsel.