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finding that counsel was not ineffective in failing to give an opening statement, since "there is no unfettered constitutional right to an opening statement," there is a presumption that counsel made a tactical decision to forego giving an opening statement, and there was evidence in the record showing that counsel's "cross-examination of witnesses during the Commonwealth's case-in-chief provided the jury with the requisite information that would have been delivered in the opening statement"
Summary of this case from Sneed v. BeardOpinion
CIVIL ACTION, NO. 07-4996.
August 22, 2008
ORDER
AND NOW, this 22nd day of Aug., 2008, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, the Response thereto, and after review of the Report and Recommendation ("R R") of United States Magistrate Judge Henry S. Perkin dated July 30, 2008, IT IS HEREBY ORDERED that:
1. the R R is APPROVED and ADOPTED;
2. the Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED without an evidentiary hearing; and
3. there is no probable cause to issue a certificate of appealability.