On June 21, 2011, the Mississippi Court of Appeals filed a written opinion upholding the Circuit Court's decision to deny the motion. (See Answer, Ex. A); see also Jannice v. State, 65 So. 3d 346 (Miss. Ct. App. 2011) (Cause No. 2010-CP-00834-COA). Jannice did not file a motion for rehearing with the Mississippi Court of Appeals or a petition for writ of certiorari with the Mississippi Supreme Court. On or about September 16, 2011, Jannice filed the instant federal habeas petition raising the following claims:

“In cases involving post-conviction collateral relief, where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit.” Jannice v. State, 65 So.3d 346, 348 (¶ 6) (Miss.Ct.App.2011) (quoting Cherry v. State, 24 So.3d 1048, 1051 (¶ 6) (Miss.Ct.App.2010)). ¶ 15. At his plea hearing, the circuit judge asked Rustin if he had any complaints against defense counsel and if he was satisfied with counsel's services.