Provenzano v. Singletary, 148 F.3d 1327 (11th Cir. 1998). · Go Syfert
Provenzano v. Singletary, 148 F.3d 1327 (11th Cir. 1998). Cases Citing This Book View Copy Cite
212 citation events (156 in the last 25 years) across 25 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Wallace v. Secretary, Department of Corrections
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
discussed Cited as authority (verbatim quote) Head v. Secretary, Florida Department of Corrections (St. Johns County) (2×) also: Cited "see"
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
discussed Cited as authority (verbatim quote) Brant v. Secretary, Department of Corrections
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
discussed Cited as authority (verbatim quote) Stiff v. United States
S.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to show that an attorney's strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.
discussed Cited as authority (verbatim quote) Exavier v. United States
S.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to show that an attorney's strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.
examined Cited as authority (verbatim quote) Brown v. Secretary, Department of Corrections (2×)
M.D. Fla. · 2020 · quote attribution · 2 verbatim quotes · confidence high
in order to show that an attorney's strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.
discussed Cited as authority (verbatim quote) Combs v. Secretary, Department of Corrections (2×) also: Cited as authority (rule)
M.D. Fla. · 2019 · quote attribution · 1 verbatim quote · confidence high
in order to show that an attorney's strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.
discussed Cited as authority (verbatim quote) Munoz-Guzman v. United States
M.D. Fla. · 2019 · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
discussed Cited as authority (verbatim quote) Robert Earl Butts v. GDCP Warden (2×) also: Cited as authority (rule)
11th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
examined Cited as authority (verbatim quote) Wilson v. State
Kan. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it would not matter if a petitioner could assemble affidavits from a dozen attorneys swearing that the strategy used at his trial was unreasonable ... because whether an attorney was ineffective is a question of law to be decided by the . . . courts.
discussed Cited as authority (verbatim quote) Jefferson v. Hall (2×) also: Cited "see"
11th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
deference is owed to state appellate court findings based upon statements in the trial record even when those statements were not made under oath
discussed Cited as authority (verbatim quote) Jones v. State
Fla. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsel.
discussed Cited as authority (verbatim quote) White v. State
Fla. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to show that an attorney's strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.
cited Cited as authority (rule) Ricardo Depadra Galloway v. Secretary, Florida Department of Corrections
M.D. Fla. · 2026 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
discussed Cited as authority (rule) State v. Keadle
Neb. · 2025 · confidence medium
By contrast, the question of whether the strategic or tactical decision is reasonable enough to fall within the wide range of professional competence is an issue of law not one of fact . . . . 17 Under the standard of review previously noted, we review the trial court’s factual findings for clear error and its legal deter- minations independently of the trial court’s decision. 16 Id. 17 Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998), rehearing and suggestion for rehearing en banc denied 162 F.3d 100 (11th Cir).
cited Cited as authority (rule) Edward Elwood Masterson v. Secretary, Florida Department of Corrections, et al.
M.D. Fla. · 2025 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998); see also Chandler v. United States, 218 F.3d 1305, 1314, n.14 (11th Cir. 2000) (“[A] court must not second-guess counsel’s strategy.”).
discussed Cited as authority (rule) Hanney v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2025 · confidence medium
“In order to show that an attorney’s strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
examined Cited as authority (rule) Stewart Parnell v. United States (9×) also: Cited "see"
11th Cir. · 2025 · confidence medium
At the pretrial stage of the state proceedings in Provenzano, the trial judge had “stated he was inclined to grant a change of venue [based on pretrial publicity] if one were properly requested.” Id. at 1329.
discussed Cited as authority (rule) Marcin Sosniak v. Macon SP Warden
11th Cir. · 2025 · confidence medium
We’ve said there is a “strong reluctance to second guess strategic decisions” made by counsel, and that reluctance “is even greater where those decisions were made by experienced criminal defense counsel.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
discussed Cited as authority (rule) Clarence Fry v. Tim Shoop
6th Cir. · 2025 · signal: cf. · confidence medium
Cf. Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (Strickland involves questions of law, so “it would not matter if a petitioner could assemble affidavits from a dozen attorneys swearing” his counsel’s performance was “unreasonable” because these questions are “to be decided by the state courts, by the district court, and by this Court”).
discussed Cited as authority (rule) Haas v. Secretary, Florida Department of Corrections
S.D. Fla. · 2024 · confidence medium
Strategic decisions like that one are entitled to a presumption of reasonableness that can be rebutted only by a showing that “no competent counsel would have made such a choice.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998); Chandler, 218 F.3d at 1314 (“[C]ounsel cannot be adjudged incompetent for performing in a particular way in a case, as long as the approach taken ‘might be considered sound trial strategy.’”) (quoting Darden v. Wainwright, 477 U.S. 168, 186 (1986)).
discussed Cited as authority (rule) Jimmy Davis, Jr. v. Commissioner, Alabama Department of Corrections
11th Cir. · 2024 · confidence medium
See Newland v. Hall, 527 F.3d 1162, 1208 (11th Cir. 2008) (“[S]tatements from other attorneys are not dispositive; indeed, they have little weight in our analysis.”); Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (explaining that the reasonableness of counsel’s actions “is a question of law to be decided by the . . . courts” and, thus, “it would not matter if a petitioner could assemble affidavits from a dozen attorneys swearing that the strategy used at his trial was unreasonable”).
discussed Cited as authority (rule) Holt v. Secretary, Florida Department of Corrections
M.D. Fla. · 2024 · confidence medium
By contrast, the question of whether the strategic or tactical decision is reasonable enough to fall within the wide range of professional competence is an issue of law not one of fact, so we decide it de novo. 19 Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
discussed Cited as authority (rule) Anderson v. Nail
S.D. Ga. · 2024 · confidence medium
Indeed, “strategic choices are ‘virtually unchallengeable.’” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (citing Strickland, 466 U.S. at 690 , and Waters v. Thomas, 46 F.3d 1506, 1522 (11th Cir. 1995) (en banc)). “[C]ounsel will not be deemed unconstitutionally deficient because of tactical decisions . . . , and [t]he presumption of reasonableness is even stronger when we are reviewing the performance of an experienced trial counsel.” Michael v. Crosby, 430 F.3d 1310, 1320 (11th Cir. 2005) (internal citations omitted).
discussed Cited as authority (rule) Harris v. United States (2×) also: Cited "see"
S.D. Fla. · 2024 · confidence medium
Again, counsel’s “strategic choices are virtually unchallengeable.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (citing Strickland, 466 U.S. at 690 ; other citation and quotation marks omitted).
discussed Cited as authority (rule) Bright v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2024 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998); see also Chandler v. United States, 218 F.3d 1305, 1314, n.14 (11th Cir. 2000) (“[A] court must not second- guess counsel’s strategy.”).
discussed Cited as authority (rule) Kevin Jumlist v. Prime Insurance Co.
11th Cir. · 2024 · confidence medium
Corp. v. McClary, 879 F.3d 1114 , 1128–29 (11th Cir. 2018) (“[Q]uestions of law are not subject to expert USCA11 Case: 22-10614 Document: 40-1 Date Filed: 02/08/2024 Page: 27 of 31 22-10614 Opinion of the Court 27 testimony.”); Myers v. Bowman, 713 F.3d 1319, 1328 (11th Cir. 2013) (explaining that questions of law, like whether a use of force is excessive, are not subject to expert testimony); Newland v. Hall, 527 F.3d 1162, 1208 (11th Cir. 2008) (explaining that when determining the reasonableness of an attorney’s conduct, “statements from other attorneys are not dispositive; indeed…
discussed Cited as authority (rule) Williams v. Florida Department of Corrections (2×)
S.D. Fla. · 2024 · confidence medium
Furthermore, the Court is reluctant to “second guess strategic decisions . . . made by experienced criminal defense counsel[.]” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998); see also ECF No. [13-2] at 38:17-19 (“[Trial counsel] practiced . . . as a public defender for 30 years[.]”).
discussed Cited as authority (rule) Budd v. Florida Department of Corrections
S.D. Fla. · 2023 · confidence medium
To rebut the strong presumption that counsel’s strategic decision was reasonable, “a petitioner must establish that no competent counsel would have made such a choice.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (citations omitted).
discussed Cited as authority (rule) Jerry Scott Heidler v. Warden GDCP
11th Cir. · 2023 · confidence medium
In line with this testimony, the state habeas court found that trial counsel made a strategic decision to “present[ Heidler’s] DFACS records en mass, without a lengthy and cumulative review with the jury.” “The question of whether an attorney's actions were actu- ally the product of a tactical or strategic decision is an issue of fact,” Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998), and Heidler has not undermined the state habeas court’s finding by clear and convincing evidence.
discussed Cited as authority (rule) Daisy Miller v. United States
11th Cir. · 2023 · confidence medium
Further, “[o]ur strong reluctance to second guess strategic decisions is even greater where those de- cisions were made by experienced criminal defense counsel.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
discussed Cited as authority (rule) Musgrove v. United States
S.D. Ga. · 2022 · confidence medium
Indeed, “strategic choices are ‘virtually unchallengeable.’” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998) (citing Strickland, 466 U.S. at 690 ). “[A] court should be highly deferential to those choices made by defense counsel in the conduct of a trial that are arguably dictated by a reasonable trial strategy.” Devier v. Zant, 3 F.3d 1445, 1450 (11th Cir. 1993).
cited Cited as authority (rule) Vaughan v. Secretary Florida Department Of Corrections (Duval County)
M.D. Fla. · 2022 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
cited Cited as authority (rule) McCloud v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2022 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
cited Cited as authority (rule) Palma v. United States
S.D. Fla. · 2020 · confidence medium
Counsel’s conduct is unreasonable only if Movant shows “that no competent counsel would have made such a choice.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
cited Cited as authority (rule) Thomas v. Secretary, Florida Department of Corrections
M.D. Fla. · 2020 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
cited Cited as authority (rule) Evans v. State of Florida
M.D. Fla. · 2020 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998); see also Chandler v. United States, 218 F.3d 1305, 1314, n.14 (11th Cir. 2000) (“[A] court must not second-guess counsel’s strategy.”).
discussed Cited as authority (rule) David Scott Franks v. GDCP Warden
11th Cir. · 2020 · confidence medium
“The question of whether an attorney’s actions were actually the product of a tactical or strategic decision is an issue of fact, and a state court’s decision concerning that issue is presumptively correct.” Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
discussed Cited as authority (rule) Dukes v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
“In order to show that an attorney’s strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice.” Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
cited Cited as authority (rule) Eric Kurt Patrick v. State of Florida
Fla. · 2020 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998).
cited Cited as authority (rule) Lewis v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
discussed Cited as authority (rule) King v. Humphrey
S.D. Ga. · 2020 · confidence medium
As an initial matter, “‘[t]he question of whether an attorney’s actions were actually the product of a tactical or strategic decision is an issue of fact, and a state court’s decision concerning that issue is presumptively correct.’” Fotopoulos v. Sec'y, Dep't of Corr., 516 F.3d 1229, 1233 (11th Cir. 2008) (quoting Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998)).
discussed Cited as authority (rule) Lawrence Jefferson v. GDCP Warden
11th Cir. · 2019 · confidence medium
We also review the reasonableness of a strategic decision de novo, Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998), while the antecedent inquiry of whether the action was in fact a strategic one, rather than the result of neglect, is a question of fact, and the district court’s determination in that respect is presumed to be correct unless it’s clearly erroneous, Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir. 1991).
cited Cited as authority (rule) Richard Knight v. Florida Department of Corrections
11th Cir. · 2019 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir. 1998).
discussed Cited as authority (rule) State v. Anthony R. Pico
Wis. · 2018 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1332 (11th Cir. 1998). ¶46 Our review of the record confirms that Mr. Pico's expert was "judg[ing] the reasonableness of counsel's challenged conduct on the facts of the particular case." See Strickland, 466 U.S. at 690 .
discussed Cited as authority (rule) Floyd v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
By contrast, the question of whether" the strategic or tactical decision is reasonable enough to fall within the wide range of professional competence is an issue of law not of fact.’ ” (quoting Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir.1998))). .See also Downs v. Moore, 801 So.2d 906, 911 (Fla.2001) ("The U.S. Supreme Court has held that the Due Process Clause of the Fourteenth Amendment prohibits the use by the prosecution of a criminal defendant’s post-arrest and post -Miranda silence for impeachment purposes.
discussed Cited as authority (rule) State v. Hernandez
N.C. Ct. App. · 2013 · confidence medium
Ed. 2d 371 (2007); Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir.) (stating that “[t]he question of whether an attorney’s actions were actually the product of a tactical or strategic decision is an issue of fact, and a state court’s decision concerning that issue is presumptively correct”), reh’g en banc denied, 162 F.3d 100 (11th Cir. 1998).
cited Cited as authority (rule) Lynch v. Secretary, Department of Corrections
M.D. Fla. · 2012 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir.1998).
discussed Cited as authority (rule) Omar Blanco v. Secretary, Florida Department of Corrections (2×)
11th Cir. · 2012 · confidence medium
As we instructed in Clisby, 960 F.2d at 928-29 , 934 and later in Provenzano v. Singletary, 148 F.3d 1327, 1333-34 (11th Cir.1998), 46 the defendant must point to an error of the trial court that deprived him of due process of law to make out an Ake claim.
cited Cited as authority (rule) Javier Ramos v. Secretary, Florida Dept. Of Corrections
11th Cir. · 2011 · confidence medium
Provenzano v. Singletary, 148 F.3d 1327, 1330 (11th Cir.1998).
Retrieving the full opinion text from the archive…
Thomas Harrison PROVENZANO, Petitioner-Appellant,
v.
Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Respondent-Appellee
97-2576.
Court of Appeals for the Eleventh Circuit.
Aug 6, 1998.
148 F.3d 1327
Terri L. Backhus, Tampa, FL, for Petitioner-Appellant., Margene A. Roper, Asst. Atty. Gen., Dept, of Legal Affairs, Daytona Beach, FL, Katherine V. Blanco, Asst. Atty. Gen., Tampa, FL, for Respondent-Appellee.
Edmondson, Cox, Carnes.
Cited by 139 opinions  |  Published
CARNES, Circuit Judge:

Thomas H. Provenzano, a Florida death row inmate, appeals from the district court’s denial of his 28 U.S.C. § 2254 petition for habeas relief from his murder conviction and death sentence. The facts relevant to the crime and the evidence at trial are set out in the Florida Supreme Court’s decision affirming the conviction and sentence on direct appeal. See Provenzano v. State, 497 So.2d 1177, 1179-85 (Fla.1986). On April 20, 1987, the Supreme Court denied certiorari, 481 U.S. 1024, 107 S.Ct. 1912, 95 L.Ed.2d 518, thus ending the direct review process.

Provenzano’s initial state collateral relief motion, filed under Florida Rule of Criminal Procedure 3.850, was denied by the state trial court. The Florida Supreme Court affirmed that denial while at the same time denying a state habeas corpus petition, which in Florida is filed directly with the state supreme court. See Provenzano v. Dugger, 561 So.2d 541 (Fla.1990). In its opinion denying relief on that occasion, the Florida Supreme Court ordered the state attorney to disclose certain portions of his file to Proven-zano, and it granted Provenzano permission to file a second state collateral motion should anj Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), claims arise from the disclosed materials. See 561 So.2d at 549. Some did, but Provenzano’s second or supplemental state collateral motion raising them was denied by the state trial court, and the Florida Supreme Court again affirmed the denial of relief. See Provenzano v. State, 616 So.2d 428 (Fla.1993).

Having run out of state court remedial options, Provenzano filed a 28 U.S.C. § 2254 petition in the district court on June 30, 1993. [1] That court, like the state collateral courts, saw no need for an evidentiary hearing and concluded that Provenzano was not entitled to any relief. The district court did issue a detailed opinion thoroughly analyzing[*1329] each of the many claims Provenzano raised. See Provenzano v. Singletary, 3 F.Supp.2d 1353 (M.D.Fla.1997). Because the district court’s treatment of many of the claims leaves us with little or nothing to add, we will rely upon it to dispose of most of the claims Provenzano presses on appeal.

CLAIMS PRESSED ON APPEAL

The claims that Provenzano contends the district court should have granted relief on, or at least should have conducted an evidentiary hearing about, are listed below. In order to facilitate cross-reference to the district court’s opinion, we have inserted a parenthetical reference to the number each claim has in that opinion where that number is different from the one used for it in this opinion.

I. The Change of Venue Claims (I in the district court opinion)
II. Guilt Phase Ineffective Assistance of Counsel (I-V and IX(1) in the district court opinion) [2]
III. Penalty Phase Ineffective Assistance of Counsel (VII and IX in the district court opinion) [3]
IV. Prosecutorial Misconduct (XII in the district court opinion)
V. The Ake v. Oklahoma Claim (VII in the district court opinion)
VI. The Adversarial Testing Claim (VI in the district court opinion)
VII. The Aggravating Circumstances Claim (XVII in the district court opinion)
VIII. Competency to Stand Trial (VIII in the district court opinion)
IX. Ineffective Assistance of Appellate Counsel (XVIII in the district court opinion)
X. The Mitigating Circumstances Jury Instruction Claim (XV in the district court opinion)
XI. The Mitigating Circumstances Findings Claim (XIII in the district court opinion)
XII. The Caldwell v. Mississippi Claim (XIV in the district court opinion)

DISCUSSION

We affirm on the basis of the district court’s opinion, without further comment, its denial of relief on the following claims as previously enumerated (using our numbers for the claims, not the numbers used in the district court): Claims II, IV, VI, VIII, IX, X, and XI.

' We supplement the district court’s discussion of the remaining claims as follows:

The Change of Venue Claims

Provenzano claims that the failure of the trial court to grant a change of venue because of pretrial publicity violated his Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights. However, it is undisputed that after the trial judge stated he was inclined to grant a change of venue if one were properly requested, defense counsel deliberately chose for strategic reasons not to request that the venue be changed. Accordingly, as the Florida Supreme Court and the district court concluded, the claim that the[*1330] trial court should have granted a change of venue was prócedurally defaulted. See Provenzano v. State, 497 So.2d at 1181; Provenzano v. Singletary, 3 F.Supp.2d at 1361-63.

The only cause Provenzano put forward for the procedural default is his related claim that trial counsel was ineffective for failing to move for a change of venue. Both the Florida Supreme Court, see 561 So.2d at 544-45, and the district court, see Provenzano v. Singletary, 3 F.Supp.2d at 1363, rejected that ineffective assistance claim. We agree with their reasoning and conclusion that counsel’s failure to request a change of venue was not outside the wide range of reasonable professional assistance, but we add to their discussion. [4]

Inquiries into strategic or tactical decisions challenged as ineffective assistance of counsel involve both a factual and a legal component. The question of whether an attorney’s actions were actually the product of a tactical or strategic decision is an issue of fact, and a state court’s decision concerning that issue is presumptively correct. By contrast, the question of whether the strategic or tactical decision is reasonable enough to fall within the wide range of professional competence is an issue of law not one of fact, so we decide it de novo. See Jackson v. Herring, 42 F.3d 1350, 1367 (11th Cir.1995); Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991); Bundy v. Wainwright, 808 F.2d 1410, 1419 (11th Cir.1987).

As to the factual component, in this case the Florida Supreme Court found that trial counsel made a deliberate tactical decision not to obtain a change of venue. See Provenzano v. State, 561 So.2d at 544-45. More specifically, it found the following facts concerning that decision:

The venue issue came up early in the case when trial counsel stated on the record that he had been advised that any change of venue would involve a trial in St. Augustine and that he preferred the trial to be held in Orlando. He felt that a juror’s knowledge of the case would not necessarily be an impediment, since an insanity defense would be presented and he believed an Orlando jury would be more receptive to such a defense than a more conservative one in St. Augustine.

Id. at 544. It is true that those fact findings were not based upon sworn testimony given at a hearing but were instead drawn from defense counsel’s statements on the record when the issue came up at trial. That matters not, because deference is owed to state appellate court findings based upon statements in the trial record even when those statements were not made under oath. See, e.g., Parker v. Dugger, 498 U.S. 308, 320, 111 S.Ct. 731, 739, 112 L.Ed.2d 812 (1991) (deference must be given to state appellate court’s fact finding as to what the trial judge’s ambiguous order meant); Wainwright v. Goode, 464 U.S. 78, 85, 104 S.Ct. 378, 382, 78 L.Ed.2d 187 (1983) (same); King v. Strickland, 714 F.2d 1481, 1489, 1494 (11th Cir.1983) (state appellate court’s finding from the trial record that counsel was prepared to try all the charges on the trial date entitled to presumption of correctness), vacated, 467 U.S. 1211, 104 S.Ct. 2651, 81 L.Ed.2d 358 (1984), reinstated upon remand, 748 F.2d 1462 (11th Cir.1984).

Provenzano does not contend that his trial counsel’s decision to forego a change of venue was not a strategic or tactical one. He concedes as much, saying that: “it is the reasonableness of the tactic or strategy that is the issue, not whether one exists.” Pro-venzano’s Reply Brief at 3. Provenzano contends the district court erred in failing to grant him an evidentiary hearing on the rea[*1331] sonableness of his counsel’s strategic decision not to request a change of venue. He did not get an evidentiary hearing in state court either. In support of his argument that an evidentiary hearing should have been held, Provenzano points to an affidavit he proffered from Joseph W. DuRoeher who had served as Public Defender for Orange County since 1981. [5] DuRocher’s affidavit, in its entirety, states as follows:

1. My name is Joseph W. DuRoeher. I have practiced law in Florida since 1967 and have had extensive experience with the criminal justice system since that time.
2. I was elected Public Defender of Orange County in 1980 and took office in 1981. Presently, I am serving my third term as Public Defender.
3. I was familiar with the considerable pretrial publicity in the ease of State of Florida v. Thomas Provenzano in 1984. This was a very high profile case, and it received extensive attention from both the written and broadcast news media.
4. In my opinion, this case presented a textbook example of a case in which pretrial publicity had so pervaded the Orlando community that any first-year lawyer would have questioned venue. I was surprised to learn that no motion to change venue was pursued in this case, particularly when the defense was one of insanity.
5. Orlando is a very conservative community. In the more than two decades that I have been involved with the criminal justice system, I have never seen an insanity defense succeed in a capital case in Orlando. In fact, I believe no insanity defense in a capital case has prevailed in over a generation.
6. I am acquainted with Jack Edmund and Dan Brawley, the defense attorneys in the Provenzano case. Neither attorney contacted me for any opinion regarding the issues of venue or insanity.

There are several reasons why this affidavit does not entitle Provenzano to an evidentiary hearing.

First, the affidavit is conspicuous for what it does not say. For example, although it describes Orlando as a very conservative community, it does not negate the possibility that St. Augustine is even more conservative. While the affidavit says that Mr. DuRoeher has never seen an insanity defense succeed in a capital case in Orlando, it does not say that one has ever succeeded in St. Augustine either. As to whether an insanity defense had prevailed in over a generation, insanity was the only defense that Provenzano had after he shot three people in front of a courthouse full of witnesses. The DuRoeher affidavit establishes at most that its author would have sought a change of venue, but when scrutinized it does not actually say even that much. The affidavit says that “any first-year lawyer would have questioned venue,” and that its author was “surprised to learn that no motion to change venue was pursued in this case,” but it does not say that he definitely would have insisted on a change of venue had he been representing Provenzano at trial.

Even if the affidavit had said' that its author would have insisted on a change of venue, it would establish only that two attorneys disagreed about trial strategy, which is hardly surprising. After all, “[tjhere are countless ways- to provide effective assistance in any given case,” and “[ejven the best criminal defense attorneys would not defend a particular client in the same way.” Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984); accord, e.g., Waters v. Thomas, 46 F.3d 1506, 1522 (11th Cir.1995) (en banc) (“Three different defense attorneys might have defended Waters three different ways, and all of them might have defended him differently from the way the members of this Court would have, but it does not follow that any counsel who takes an approach we would not have[*1332] chosen is guilty of rendering ineffective assistance.”). In order to show that an attorney’s strategic choice was unreasonable, a petitioner must establish that no competent counsel would have made such a choice. See, e.g., White v. Singletary, 972 F.2d 1218, 1221 (11th Cir.1992) (defendant must establish “that the approach taken by defense counsel would have been used by no professionally competent counsel”); Harich v. Dugger, 844 F.2d 1464, 1470-71 (11th Cir.1988) (same). Even if accepted as gospel, the affidavit does not do that.

There is another more fundamental reason why Provenzano is not entitled to an eviden-tiary hearing on the reasonableness of his counsel’s decision to forego a change of venue, regardless of any affidavit he may'have proffered. Our Jackson, Horton, and Bundy decisions establish that the reasonableness of a strategic choice is a question of law to be decided by the court, not a matter subject to factual inquiry and evidentiary proof. Accordingly, it would not matter if a petitioner could assemble affidavits from a dozen attorneys swearing that the strategy used at his trial was unreasonable. The question is not one to be decided by plebiscite, by affidavits, by deposition, or by live testimony. It is a question 'of law to be decided by the state courts, by the district court, and by this Court, each in its own turn.

We have no doubt that the Florida courts and the district court were correct in concluding that the strategic choice Provenza-no’s trial attorney made not to pursue a change of venue was well within the broad boundaries of reasonableness staked out by decisional law in this area. We reached the same decision in Weeks v. Jones, 26 F.3d 1030, 1046 n.13 (11th Cir.1994), in which the petitioner challenged his trial counsel’s decision not to have the case moved from a county in which there had been considerable pretrial publicity, because counsel thought that the petitioner still had the best chance for acquittal in that county. We said, “this is the type of tactical decision that the Supreme Court has recognized that a criminal defendant’s counsel' may elect as a reasonable choice considering all of the circumstances and has cautioned courts against questioning.” Id. The Supreme Court and this Court have said that strategic choices are “virtually unchallengeable.” See, e.g., Strickland v. Washington, 466 U.S. at 690, 104 S.Ct. at 2066; Waters v. Thomas, 46 F.3d 1506, 1522 (11th Cir.1995).

Our strong reluctance to second guess strategic decisions is even greater where those decisions were made by experienced criminal defense counsél. See Spaziano v. Singletary, 36 F.3d 1028, 1040 (11th Cir. 1994) (“[T]he more experienced an attorney is, the more likely it is that his decision to rely on his own experience and judgment in rejecting a defense without substantial investigation was reasonable under the circumstances.”) (quoting Gates v. Zant, 863 F.2d 1492, 1498 (11th Cir.1989)). At the time of Provenzano’s trial, one of his two counsel had tried eighty-seven criminal cases and had been lead counsel in nine capital cases. The other attorney had tried even more criminal cases in general and capital cases in particular, had been practicing twenty years, and had earned the reputation in the Bar and community as a leading criminal defense attorney. Clearly, these two experienced criminal defense attorneys knew what they were doing; their decisions were informed by years of experience with juries in capital and non-capital cases. We will not second guess their considered decision about whether Pro-venzano stood a better chance, however slim it may have been, with a jury in Orlando than with a jury in St. Augustine. As we said in Spaziano, 36 F.3d at 1039, cases in which habeas petitioners can properly prevail on the ground of ineffective assistance of counsel are few and far between, and eases in which deliberate strategic decisions have been found to constitute ineffective assistance are even fewer and farther between. This is not one of those rare cases.

Effective Assistance of Counsel at the Penalty Phase

The Florida Supreme Court analyzed and rejected Provenzano’s penalty stage ineffective assistance claim, see Provenzano v. State, 561 So.2d at 545-46, as did the district court, see Provenzano v. Singletary, 3 F.Supp.2d at 1374-75, 1388-90. The relevant[*1333] facts are set out well in those opinions. We add to their discussions the observation that our decision in Waters v. Thomas, 46 F.3d 1506 (11th Cir.1995) (en banc), is closely on point.

In Waters, as in this case, counsel presented mental state expert witnesses at the guilt stage in support of a not guilty by reason of insanity plea; much of the testimony of those witnesses at the guilt stage was relevant to mitigating circumstances; and counsel chose not to recall them and attempt to elicit additional mitigating circumstance evidence from them at the sentence hearing. See id. at 1512-13. Rejecting the contention that effective assistance, required counsel to recall expert witnesses at the penalty stage in such circumstances, we noted in Waters that which witnesses to call “is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess,” and we held that a reasonable lawyer could decide to leave well enough alone and not subject to another round of cross-examination witnesses from whom he had already obtained during the guilt stage substantial evidence of serious mental problems. See id. at 1512. Exactly the same is true here.

In this case, Provenzano has brought forth a report from another mental state expert indicating that additional mitigating circumstance evidence could have been put before the jury. See id. We noted in Waters that it is “a common practice” to file affidavits from witnesses who say they could have provided additional mitigating circumstance evidence, but “the existence of such affidavits, artfully drafted though they be, usually proves little of significance.” See id. at 1513. We reiterated in that decision what we had said more than once before: “The mere fact that other witnesses might have been available or that other testimony might have been elicited from those who testified is not a sufficient ground to prove ineffectiveness of counsel.” Id. at 1514, quoting Atkins v. Singletary, 965 E.2d 952, 960 (11th Cir.1992); Foster v. Dugger, 823 F.2d 402, 406 (11th Cir.1987).

In this case, Provenzano’s experienced criminal defense attorneys retained investigators, interviewed myriad witnesses including family members, examined medical records, and assembled background information about their client. They forwarded that information to the mental state experts they obtained. See Provenzano v. Singletary, 3 F.Supp.2d at 1375. At trial, they presented two mental state experts, who were well versed in Provenzano’s background and behavior, and who testified to his serious mental problems, giving their opinion that he was insane at the time of the crime. See id., 3 F.Supp.2d at 1375, 1388-90. Counsel used that expert testimony skillfully in arguments to the jury at the penalty stage. See id., 3 F.Supp.2d at 1388-90.

Provenzano’s counsel also used his sister as a guilt stage witness on the insanity issue. She testified in depth about her brother’s life and problems. At the penalty stage, counsel called a detective who testified about Proven-zano’s paranoid behavior, and also about Pro-venzano having told officers about explosives in his apartment because he did not want them to get hurt. They also called Provenza-no himself as a witness in his own behalf at the penalty stage, and it appears from the record that he testified for about two hours. See Waters v. Thomas, 46 F.3d at 1519 (recognizing that skilled defense counsel sometimes put a capital defendant on the stand to “humanize” him, because “it may be more difficult for a jury to condemn to death a man who has sat on the stand a few feet from them, looked them in the eyes, and talked to them.”). Provenzano received effective assistance of counsel at the penalty stage.

The Ake v. Oklahoma Claim

To the district court’s discussion of the Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), claim, we add that this Circuit’s leading decision on Ake, which is Clisby v. Jones, 960 F.2d 925 (11th Cir.1992) (en banc), forecloses Provenzano’s claim that the mental health assistance he received violated the Ake rule. Clisby holds that Ake is a due process doctrine, see 960 F.2d at 928-29, which requires the petitioner in all but the most unusual circumstances to show that he requested from the trial court something in the way of mental health expert assistance that the trial court refused to give[*1334] him. See id. at 934 (“Petitioner’s claim of a due process violation collapses as soon as one seeks to identify the trial court’s ruling that purportedly rendered petitioner’s trial fundamentally unfair.”) Provenzano was given all that he requested from the trial court in the way of expert witnesses on the mental health issues.

We did speculate in Clisby that under cer- • tain limited circumstances due process might require the trial court to intervene to ensure that a defendant receives the assistance of a competent mental health expert, but we held that there was no indication the examination of the psychiatrist in that case was anything less than adequate. See id. at 934 n.12. The mental health experts who examined'Proven-zano and testified on his behalf at trial were fully competent. Moreover, the assistance they rendered Provenzano, see Provenzano v. Singletary, 3 F.Supp.2d at 1369-70, 1374, 1388-90, far exceeded what Clisby held was adequate in that case, see 960 F.2d at 930-33. There was no Ake violation.

The Aggravating Circumstances Claim

To the district court’s discussion of Provenzano’s aggravating circumstances claim, see Provenzano v. Singletary, 3 F.Supp.2d at 1394-96, we add this brief note: Insofar as Provenzano contends that his advisory-jury received insufficient narrowing instructions, that claim is foreclosed by the Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), nonretroaetivity doctrine. See Lambrix v. Singletary, 520 U.S. 518, 117 S.Ct. 1517, 137 L.Ed.2d 771 (1997); Davis v. Singletary, 119 F.3d 1471, 1477-78 (11th Cir.1997).

The Caldwell v. Mississippi Claim

The district court held that Provenzano’s Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985), claim is not procedurally barred but is devoid of merit. See Provenzano v. Singletary, 3 F.Supp.2d at 1378-83. The State contends that the claim is procedurally barred, and that may be so. However, we need not resolve the procedural bar issue, because we agree with the district court that Provenza-no’s Caldwell claim.is meritless. See Smith v. Dugger, 840 F.2d 787, 791 (11th Cir.1988).

Since the district court released its opinion, we have issued our decision in Davis v. Singletary, 119 F.3d 1471 (11th Cir.1997). In Davis, at 1481-82, we held that our decisions in Mann v. Dugger, 844 F.2d 1446 (11th Cir.1988), and Harich v. Dugger, 844 F.2d 1464 (11th Cir.1988) (en banc), had to be read in light of the Supreme Court’s subsequent decisions in Romano v. Oklahoma, 512 U.S. 1, 114 S.Ct. 2004, 129 L.Ed.2d 1 (1994), and Dugger v. Adams, 489 U.S. 401, 109 S.Ct. 1211, 103 L.Ed.2d 435 (1989). Doing that, we concluded that there can be no Caldwell violation unless the jury is affirmatively misled regarding its role in the sentencing process. See 119 F.3d at 1482. Moreover, we held in Davis that in deciding a Caldwell claim questionable remarks and comments must be considered in the context of the entire trial. See id. Having done so in this case, we conclude that the district court was correct when it decided that there was no Caldwell violation.

CONCLUSION

The district court’s denial of habeas relief is AFFIRMED.

1

. Provenzano's counsel in the district court, who were attorneys with the Office of Capital Collateral Representative, filed a 335-page habeas petition which included much legal argument and extensive quotations from the record and various documents. We have previously warned that such a prolix filing, resembling a treatise more than a petition, is not consistent with the requirements of Rule 2(c) of the Rules Governing Section 2254 Cases in the United States District Court, and is subject to being struck. "Attorneys who cannot discipline themselves to write concisely are not effective advocates, and they do a disservice not only to the courts but also to their clients." Spaziano v. Singletary, 36 F.3d 1028, 1031 n.2 (11th Cir.1994), ce rt. denied, 513 U.S. 1115, 115 S.Ct. 911, 130 L.Ed.2d 793 (1995); accord, Buenoano v. Singletary, 74 F.3d 1078, 1081 n.1 (11th Cir.1996) ("The petition in this case reads as if it were both petition and brief.... This practice, which has become common, is not contemplated either by the habeas rules or the civil rules and makes it difficult for courts to identify discrete claims in a petition. We expressly disapprove the practice.”); Kennedy v. Hening, 54 F.3d 678, 681-82 n.1 (11th Cir.1995). In fairness to Provenzano's counsel in this appeal, we note that she was not one of the attorneys who represented him so poorly by filing such a lengthy petition in the district court.

2

. In the district court, among the ineffective assistance issues Provenzano raised were some relating to the separation of the jury between the guilt and sentence stages. He claimed counsel was ineffective for failing to object to the separation instructions as inadequate and for failing to request that the judge question the jurors in depth when they returned for the penalty stage. However, he did not raise in the district court the claim that counsel were ineffective for failing to object to the separation itself. That claim appears for the first time in Provenzano’s briefs to this Court. Because he did not raise the claim below, we do not consider it. See, e.g., Walker v. Jones, 10 F.3d 1569, 1572 (11th Cir.1994); Allen v. Alabama, 728 F.2d 1384, 1387 (11th Cir.1984).

3

. Of the guilt stage ineffective assistance claims Provenzano asserted in the district court, see Provenzano v. Singletary, 3 F.Supp.2d at 1363— 72, 1388, he has not argued in this Court the ones relating to: difficulty in securing counsel; waiver of attorney-client privilege regarding the testimony of two State's witnesses; and Proven-zano not testifying at the guilt stage. Accordingly, those contentions are waived. See, e.g., Marek v. Singletary, 62 F.3d 1295, 1298 n.2 (11th Cir.1995) ("Issues not clearly raised in the briefs are considered abandoned.”); Love v. Deal, 5 F.3d 1406, 1407 n.1 (11th Cir.1993).

4

. We note the district court's statement that "it is unlikely that a change of venue would have been granted since there [were] no undue difficulties in selecting an impartial jury," Provenzano v. Singletary, 3 F.Supp.2d at 1363, is partially incorrect. Regardless of whether there were undue difficulties in selecting a jury, the trial judge did state that he was inclined to grant a change of venue if one was requested. Of course, it is a different matter whether there is a reasonable probability of a different result had a change of venue been sought and obtained. We seriously doubt that there is, but we see no reason to decide that question, which is the prejudice prong of the ineffectiveness inquiry. See Strickland v. Washington, 466 U.S. 668, 697, 104 S.Ct. 2052, 2069, 80 L.Ed.2d 674 (1984) (if a petitioner fails to establish one prong of the ineffectiveness inquiry the court need not reach the other).

5

. Mr. DuRoeher did not represent Provenzano at trial or on appeal, because the entire Orange County Public Defender’s Office recused itself. The basis of the recusal was personal knowledge and association with the court officials whom Provenzano shot. Private outside counsel from another county were appointed to represent Pro-venzano at trial, and a different public defender's office represented him on appeal. An outside prosecutor and judge were also brought in for the trial.