Pеtitioner-Appellant Alvin Urial Goodwin III, a Texas death-row inmate, appeals from the district court’s denial of his application for a writ of habeas corpus, arguing that the lower court’s finding that he had not invoked his right to counsel before confessing to the crime of which he was convicted is clearly erroneous. He also requests that we revisit an ineffective-assistance-of-counsel claim in light of the Supreme Court’s intervening decision in
Williams v. Taylor,
— U.S. -,
I. FACTUAL AND PROCEDURAL BACKGROUND
This is an appeal from a judgment entered after remand. Petitioner-Appellant Alvin Urial Goodwin III (“Goodwin”) argued in his first appeal that the district court erred in failing to conduct an eviden-tiary hearing on his claim that admission of his confessions violated the U.S. Constitution as those confessions were obtained after he had invoked his Fifth Amendment right to counsel. We held in
Goodwin v. Johnson,
Suspecting they were involved in several burglaries and attempted burglaries, Burlington, Iowa police officers arrested Goodwin and Billy Dan Atkins, Jr. in the early morning hours of Saturday, January 17, 1987 after they were observed approaching numerous parked cars. Goodwin, who was found with a loaded, cocked weapon and a crowbar, was arrested for burglary and going armed with intent. At the time he was arrеsted, Goodwin told officers that his name was Bradley Douglas Murphy and that he did not have a social security number.
According to Goodwin’s 1994 affidavit, after he was taken to the Burlington police station, he refused to sign a waiver of rights form and to give a statement, and instead, requested an attorney. His affidavit states further that between the time he requested an attorney and the time he was questioned by Texas law enforcement officers on January 21, he was not asked any incriminating questions. Goodwin also states that during that same period, he gave his real name and social security number, and was taken before a judge who informed him of the identity of his court-appointed attorney.
Other evidence corroborates some of Goodwin’s affidavit. Goodwin was taken before a judge twice between his arrest and his questioning by Texas law enforcement officials. On January 17, 1987, Goodwin appeared before a judge and requested a court-appointed attorney. After setting bond at $25,000, the judge continued the matter until January 20, 1987, at which time he appointed Alan Waples to *454 be Goodwin’s counsel. Goodwin’s investigator discovered in September, 1998 a copy of form entitled “Statement of Rights and Acknowledgment and Waiver.” That document, which refers to Goodwin by the alias he had given, shows that approximately an hour and a half after Goodwin was arrested, Lieutenant Larry E. Walker of the Burlington Police Department presented Goodwin with a Statement of Rights form, on which Goodwin’s rights to remain silent, to consult with an-attorney, and to have an attorney present during' questioning were set forth. The document also shows that Goodwin refused to sign below the acknowledgment and waiver of the rights paragraph.
Iowa records do not indicate whethér Goodwin was questioned by Iowa police between Jаnuary 17 and January 21. An affidavit from Lt. Walker indicates that if Goodwin refused to sign the form, “no further conversation would have taken place.” Iowa records do indicate that on January 17, Atkins was presented with a rights form at almost the exact time that Goodwin was. Atkins signed his acknowledgment and waiver of rights and was thereafter questioned by Iowa officers regarding the Iowa burglaries. Atkins was again questioned by Iowa officers on January 21, this time with counsel present. By January 21, Iowa officers had twice obtained warrants and searched the residence that Goodwin and Atkins shared.
The morning of January 21, two law enforcement officers from Texas interviewed Goodwin regarding the murder of Douglas Tillerson. 1 Goodwin was read his Miranda rights, and he acknowledged that he understood' them. Officers described the evidence that they had assembled (e.g., they had found Tillerson’s body, they had the murder weapon, they had recovered property taken from Tillerson’s home the night he disappeared) and that they had a capital murder warrant for Atkins. This prompted Goodwin to state that he, Goodwin, was “on death row” because he was the one who had pulled the trigger.
Goodwin was then asked whether he wanted to make a statement, and he respоnded that he did because he wanted to tell what had happened. Goodwin was again read his rights, at which point he signed the waiver of rights form. Thereafter, Goodwin gave a video-taped confession. Officers read Goodwin his rights one more time at the conclusion of his videotaped statement. Later on January 21, Goodwin was flown back to Texas in the custody of the law enforcement officers. 2 The next day, after being brought before a magistrate, Goodwin was again read his rights, and he again agreed to waive those rights. Goodwin then gave a written confession. He subsequently also identified рroperty stolen from Tillerson and the gun used by Atkins during the robbery and the murder.
In
Goodwin,
we assessed whether the district court properly granted summary judgment to Respondent-Appellee Gary L. Johnson (hereinafter “the State”).
See
The court below adhered to this directive. After the document indicating *455 Goodwin’s refusal to sign a waiver was discovered, and the parties had submitted the court-ordered joint chronology of events and had completed their pre-hear-ing investigation, Goodwin on December 9, 1998 filed a motion for summary judgment. Along with its opposition to this motion, the State filed a motion to dismiss the petition under Rules Governing Habeas Corpus Cases Under Section 2254 9(a), arguing that Goodwin’s use of the waiver form is barred by the doctrine of laches, and that his delay in presenting the form prejudiced the State’s ability to respond to Goodwin’s claim. The State contended that the passage of time made it impossible to disprove Goodwin’s assertions, as Lt. Walker now has no recollection of any conversations with Goodwin and there is no alternative source for such information.
The district court denied Goodwin’s motion for summary judgment, and ordered a video-taped deposition of Goodwin to take place. After completion of this deposition, the court heard oral argument on the evidence. It ultimately found that Goodwin did not invoke the right to counsel before he confessed to Texas law enforcement officials in Iowa. The court did not rule on the State’s Rule 9(a) motion, but found that Goodwin’s delay in raising the issue substantially prejudiced the State’s ability to establish precisely the sequence of events. Judgment denying Goodwin’s application for habeas relief was entered October 18, 1999. The district court also granted Goodwin a Certificate of Probable Cause (“CPC”). Goodwin timely appeals.
II. INVOCATION OF THE RIGHT TO COUNSEL
We will not upset the district court’s findings unless we find clear error.
See Blackmon v. Johnson,
Because Goodwin’s claim is based on events that occurred thirteen years ago, *456 we must proceed cautiously. As then Justice Rehnquist stated, a federal court in our circumstances
should not lose sight of the fact that it is the habeas applicant who has the burden of proving a constitutional violation, and that no system of justice which gives both sociеty and a defendant their due is aided by attempting to reconstruct or re-evaluate events that took place decades ago, as if it were an archaeological expedition, rather than an exercise in the administration of justice.
Engle v. Sims,
In order for Goodwin’s confessions to be inadmissible, Goodwin had to have affirmatively indicated to Iowa police officers that he did not want to answer their questions without an attorney present.
4
See McNeil v. Wisconsin,
Given the circumstances, the reason for Goodwin’s refusal to sign the waiver form is not apparent. The paragraph he refused to sign contained not only language dealing with making a statement without counsel present, but also language stating that he fully understood what his rights were, that he was ready and willing to answer questions, that he waived his right to remain silent, that he was given no promises or threats, and that no persuasion or coercion had been used against him. The form showed the name Goodwin had given as an alias rather than Goodwin’s real name. Moreover, Goodwin had been arrested at the same time as Atkins. Given this, he had no incentive to talk with police until he learned whether Atkins was talking with them.
Other evidence is equally ambiguous. Goodwin relies on the fact that Iowa police did not interrogate him for four days, arguing that this demonstrates that Iowa police officers adhered to his invocation of counsel. One of Lt. Walker’s affidavits indicates that a refusal to sign the form would have led to there being nо interrogation. Although this would appear to support Goodwin’s contention that he had *457 invoked his right to counsel, the actions of Iowa police officers in questioning Atkins tend to negate this inference. When Atkins clearly stated that he did not wish to discuss particular topics without an attorney present, that statement did not prevent police officers from again questioning Atkins regarding those topics. Thus, the evidence also supports the conclusion that Iowa police did not interrogate Goodwin on January 17 simply because he refused to sign the waiver form and refused to talk.
Goodwin asserts that because Iowa police were actively investigating the burglaries Goodwin and Atkins were suspected of committing, their failure to interrogate Goodwin over a four-day period demonstrates he had invoked his right to counsel. Again, although such a conclusion is possible, it is not mandated by the evidence. At this stage, any number of possible reasons, each perfectly consistent with normal police procedure, can be given for why Goodwin was not interrogated. For example, the record provides the district court with ample support for the conclusion that pоlice were occupied with obtaining physical evidence of Goodwin’s and Atkins’s involvement in the burglaries they were suspected of committing.
As Goodwin acknowledges, much of the evidence he relies upon is circumstantial. His own descriptions of the events at the time are the sole forms of direct evidence. Here, it is apparent that the district court made a credibility determination, and concluded that Goodwin’s statements could not be given much, if any, weight. It was entitled to do so.
See Tyler,
III. INEFFECTIVE ASSISTANCE OF COUNSEL
In addition to reviewing the district court’s factual findings, Goodwin argues that we should revisit an ineffective-assistance-of-counsel claim this panel decided in
Goodwin
and should order that he be given a new direct appeal. In
Goodwin,
we relied on controlling circuit precedent and portions of the Supreme Court’s reasoning in
Lockhart v. Fretwell,
Under the law-of-the-case doctrine, “an appellate court’s decision of a legal issue, whether explicitly or by necessary implication, establishes the law of the case and must be followed in all subsequent proceedings in the same case.”
Carnival Leisure Indus., Ltd. v. Aubin,
Goodwin argues that the second exception applies here. He contends that the Supreme Court’s decision in
Williams v. Taylor,
— U.S.-,
Our decision in
Goodwin
vacated only that portion of the district court’s judgment that dealt with Goodwin’s Fifth Amendment right-to-counsel claim and otherwise affirmed that judgment.
See Goodwin,
The operation of AEDPA’s § 2253 threatens Goodwin’s ability to rely on exceptions to the law-of-the-case doctrine to have his ineffective-assistance-of-counsel claim revisited. As a general matter, parties or courts typically rely on the law-of-the-case doctrine to prevent reassessment of issues already decided. Thus, a prior decision controls a court’s subsequent analysis. A decision on the applicability of the doctrine, however, presupposes that an issue controlled by the prior holding is properly before the court. Here, only one issue related to Goodwin’s petition is properly before us — the Fifth Amendment issue disposed of above. We *459 do not have jurisdiction over any other ground for habeas relief. 6
To consider Goodwin’s ineffective-assistance-of-counsel claim, we must identify a means of asserting jurisdiction over it. An individual seeking to avoid the effects of an appellate court’s prior decision may bring to that court a motion to recall its mandate. See 18 James Wm. Moore, Moore’s Federal Practioe § 134.23[3], at 134-60 (3d ed.2000); 16 Charles AlaN Wright, et al. Federal PraCtioe & PROCEDURE: Jurisdiction 2d § 3938, at 719 (1992). Due to the circumstances of this case and the nature of Goodwin’s request, we consider that request as such a motion.
The Supreme Court has recognized that courts of appeals have an inherent power to recall their mandates, the exercise of which is subject to review for abuse of discretion.
See Calderon v. Thompson,
The Court noted that “[i]n a § 2254 case, a prisoner’s motion to recall the mandate on the basis of the merits of the underlying decision can be regarded as a second or successive application for purposes of § 2244(b).”
Id.
Where a petitioner’s first application for habeas relief has been denied, treating a prisoner’s motion to recall the court’s mandate as a successive application is necessary to prevent petitioners from evading AEDPA’s bars against relitigation of previously considered claims and against litigation of claims not presented in a first application.
7
See id.
Even where a decision to recall a mandate is not based on a prisoner’s second or successive application for relief, “a court of appeals must exercise its discretion in a manner consistent with the objects of [AEDPA]. In a habeas case, moreover, the court must be guided by the general principles underlying our habeas corpus jurisprudence.”
Id.
at 554,
The
Thompson
Court determined that the Ninth Circuit acted sua sponte on the basis of the petitioner’s first application for habeas reliеf and thus that the court was not faced with a successive petition.
See id.
As a result, the Court had occasion to elucidate the habeas principles applicable to an appeals court’s decision whether to recall its mandate under the circumstances before it. Among those principles was the respect accorded to the State’s interest in the finality of convictions.
See id.
at 555-56,
The question before us is whether we should grant Goodwin’s motion in order to revisit an issue we have already considered on the merits, given the existence of a Supreme Court ruling that arguably rejects the analysis we conducted. 9 Unlike Thompson, we do not face a situation in which we previously have disposed of all claims a petitioner raised in his first application. We find that this difference, however, is not sufficient to render the Supreme Court’s Thompson reasoning wholly inapplicable to our response to Goodwin’s motion. We note that but for the issue we remanded to the district court, Goodwin would be required to file a successive petition in order for his ineffective-assistance-of-counsel claim to be revisited. Unless Goodwin satisfied the requirements of 28 U.S.C. § 2244(b)(2), the claim would have to be dismissed under § 2244(b)(1). Thus, it can be said that Goodwin seeks to capitalize on the fact we remanded his case and to have us revisit his claim now in order to avoid the effects of § 2244(b).
We note as well that although the State’s interest in the finality of convictions may not have acquired the “added moral dimension” that comes when federal proceedings have “run their coursе,”
Thompson,
Because the same general concerns are implicated here as where all of a petitioner’s claims have been dispоsed of, we find that, given the nature and procedural posture of Goodwin’s request, we must adhere to
Thompson’s,
directive that a federal court of appeals “recall[] its mandate to revisit the merits of an earlier decision denying habeas corpus relief to a state
*461
prisoner” only where it determines that such an act is required “to avoid a miscarriage of justice as defined by [the Court’s] habeas corpus jurisprudence.”
Thompson,
IV. CONCLUSION
For the foregoing reasons, we affirm the judgment of the district court. All outstanding motions are denied.
Notes
. The officers had interviewed Atkins regarding Tillerson’s murder the previous day.
. Before departing Iowa, Goodwin, along with his counsel, appeared before a judge and signed a waiver of extradition. The Iowa burglary charges were dismissed.
. The State argues that we should declare that Goodwin's use of this document to support his claim is barred by the doctrine of laches, and contends that we should use Rule 9(a) as a guide for our determination that the doctrine is applicable here. In effect, the State appears to argue that the principles underlying Rule 9(a) can be applied to “dismiss” individual pieces of evidence from the record. It cites no supporting authority for this argument.
Although Rule 9(a) "codifies the equitable doctrine of laches as applied to habeas corpus petitions,”
Walters v. Scott,
. We note that in both his second state habeas petition and his federal habeas petition, Goodwin argued that he invoked his right to counsel when he requested a court-appointed attorney. In both cases, Goodwin provided his 1994 affidavit in support of his Fifth Amendment right-to-counsel claim. We rejected on Goodwin’s first appeal the argument that his request for a court-appointed attorney invoked Goodwin’s Fifth Amendment right to counsel.
See Goodwin,
. The Supreme Court’s decision in Williams was announced after the district court issued its judgment with respect to Goodwin’s Fifth Amendment claim. Thus, this is the first time Goodwin presents his argument that the Supreme Court’s Williams decision makes applicable an exception to the law-of-the-case doctrine and allows his ineffective-assistance-of-counsel claim to be revisited.
.Interpreting Goodwin's request as an application for a COA does not help him. In general, before we may consider a petitioner’s application for a COA on a particular issue, that petitioner must first submit his request to the district court and have that request denied.
See, e.g., Sonnier v. Johnson,
. Thus, had we not remanded in Goodwin, and instead disposed of all of the claims Goodwin raised in his first petition for habeas relief, we would be required under Thompson to treat his motion to recall our mandate as a successive petition governed by § 2244(b).
. Significantly for the case before us, the Supreme Court looked to AEPDA’s provisions despite its finding that the law did not apply to the case before it.
See
. In
Williams,
the Supreme Court rejected the Virginia Supreme Court's application of
Lock-hart
's "mere outcome determination” language to modify the test set forth in
Strickland v. Washington,