Dewaine Poindexter, Petitioner-Appellee/cross-Appellant v. Betty Mitchell, Warden, Respondent-Appellant/cross-Appellee

SUHRHEINRICH, Circuit Judge,

concurring.

Because my colleagues each have chosen to write a separate concurrence, I too write separately. I agree with Judge Boggs. I think Judge Boggs accurately points out the difficulties with the current legal doctrine concerning ineffective assistance of counsel in death penalty cases at the penalty phase. I do not share Judge Daughtrey’s views of defense counsel in these types of case as my experiences have been different. See Thompson v. Bell, 373 F.3d 688, 692-742 (6th Cir.2004) (Suhrheinrich, J., concurring in part and dissenting in part), rev’d, 545 U.S. 794, 125 S.Ct. 2825, 162 L.Ed.2d 693 (2005); In re Byrd, 269 F.3d 544 (6th Cir.2001); temporary stay alloived by, 269 F.3d 578 (6th Cir.2001); amended by 269 F.3d 561 (6th Cir.2001); remanded by, 269 F.3d 585 (6th Cir.2001); on remand In re Byrd, 2001 WL 1512986 (S.D.Ohio Nov.29, 2001); see also In re Byrd, 277 F.3d 804 (6th Cir.2002).