Tenth Circuit: Underwood v. Royal

No ineffective assistance in not presenting forensic evidence, as omission of gruesome details might have been a sound trial strategy.

Prosecutor's remarks in closing about condition of victim did not unduly prejudice the verdict.

Approved instructions did not prejudicially suggest restrictions on mitigating circumstances.

Admission of victim's parents sentencing recommendations cannot in itself rise to structural error, and was not an error in the aggregate; such muted, one-off pleas do not warrant the writ.

State appellate decision that the jury did not need to find beyond a reasonable doubt that aggravating circumstances outweighed mitigating ones was not contrary to or an unreasonable application of Supreme Court precedent.

https://www.ca10.uscourts.gov/opinions/16/16-6262.pdf