CA1: broken promise not prejudicial

Sleeper v. Spencer, No. 06-2477 affirms the denial of a habeas petition.  “The sole ground certified for appeal is Sleeper’s claim that he received ineffective assistance of counsel because his attorney promised in his opening statement to present an insanity defense even though he knew or should have known that the court would not allow the jury to consider the defense.”  The state courts concluded that this was a misstatement, rather than a broken promise, and the state courts concluded that there was no prejudice.  Under AEDPA, The First stops the analysis there without stating whether that means that performance was deficient.