KEITH, J., delivered the opinion of the ourt, in which CLAY, J., joined.
GIBBONS, J. (pp. 678-83), delivered a separate dissenting opinion.
OPINION
KEITH, Circuit Judge.
Petitioner-Appellant Kenny Roy Miller (“Miller”) is currently serving a life sentence after a state conviction for intentional murder, criminal attempt to commit murder, first-degree burglary, and being a first-degree persistent felony offender. Miller appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his habeas petition, Miller alleges that his trial counsel was ineffective for failing to challenge a biased juror during voir dire. Miller argues that the Kentucky Court of Appeals denial of his ineffective assistance of counsel claim was contrary to, and an unreasonable application of, clearly established federal law. For the reasons set forth below, we REVERSE the district court’s order and REMAND for proceedings consistent with this opinion.
I. BACKGROUND
On November 14, 1990, a grand jury in Warren County, Kentucky indicted Miller for intentional murder, criminal attempt to commit murder, first-degree burglary, and being a first-degree persistent felony offender. The indictment charged Miller for shooting and killing Leon Gray and shooting and seriously wounding Linda Cline in their bed at an apartment in Bowling Green, Kentucky.
On August 17, 1992, a jury trial commenced against Miller in the Warren Circuit Court. During voir dire, one prospective juror, Yvonne Bell (“Juror Bell”), in response to the prosecutor’s voir dire question, stated that she was a minister and that she had known Linda Cline for two or three years through Bible study. Linda Cline, the woman who was shot and seriously wounded, was one of the prosecution’s key witnesses and the only eyewitness to the crime. At this point of the voir dire, Miller’s trial counsel, William Skaggs (“Skaggs”), did not ask Juror Bell any follow-up questions. Towards the end of the voir dire, however, the trial court asked the members of the jury panel if they wanted to reveal further information. The following dialogue took place:
Judge: Okay, one final thing.... [D]ur-ing the course of this proceeding there may have been something that was asked that you let go by. Something that you thought you weren’t sure but now its bothering you. Anybody have anything they need, feel like they need to bring up with the court, I’ll be happy to take it up here at the bench, that you would feel would in any way would cause you any difficulty in sitting as a juror in this case. Yes, ma’am, come on up. [bench conference]
Ms. Bell: I’m Yvonne Bell.
Judge: Yes, Ms. Bell.
Ms. Bell: I feel like I would kind of be partial to Linda Cline because, when she was in my classes (inaudible) she seemed like she really wanted to do better and I kind of have sympathy for her in this case, with her being the victim.
Judge: Do you believe the fact that you had her, you indicated, in Bible studies, and will appear as a witness in this case and is alleged to be one of the victims in this case, do you believe that would in[669]*669fluence your thinking here and cause you to be more sympathetic for her side as such as you couldn’t sit and be fair and impartial?
Ms. Bell: I think I could be fair. I think I could be fair. I ministered in the women’s section for about four years. She was kind of in and out, but she seemed like she wantéd to do better, but I believe I could be fair and whether she’s guilty or not guilty I believe I could be fair about it all. But I do have some feelings about her.
Judge: Okay, ma’am. I’m going to ... go back and take your seat, I’m going to hear from the lawyers.
Mr. Skaggs: Judge, may I ask her a question?
Judge: Yes, you may.
Mr. Skaggs: The women’s section. The women’s section of what?
Ms. Bell: The Warren County Jail. ■ • Mr. Skaggs: Okay, and how many years ago was this, or was it recent?
Ms. Bell: From '80 ... about four years, up until last year.
Mr. Skaggs: Okay, and so you have seen her since this happened?
Ms. Bell: No, I haven’t[.] I haven’t been coming to the (inaudible) for about a year now.
Mr. Skaggs: Well, this happened 18 months ago.
Ms. Bell: Well, I don’t know. I don’t remember. I never ask any of them about why they’re in for or any of fheir business. My whole concern was the word of God. I never talk to them about their cases or any of their personal business.
Mr. Skaggs: I see. That’s all. •
Judge: Okay, you may step down. Just take your seat back. [Juror departs.] Do either of you want me to consider striking this woman,- this juror for cause?
Mr. Wilson: Well. She said she could be fair. She’ does know the person but she did answer the question that she could be fair.
Mr. Skaggs: I have no motion.
In addition to not challenging Juror Bell for cause, Miller’s trial counsel did not use a peremptory challenge to remove the prospective juror. Therefore, Juror Bell remained on the jury.
On August 19, 1-992, the jury, which included Juror Bell, convicted Miller on all charges of the indictment. On September 2, 1992, the trial court sentenced Miller to life and to two twenty-year terms of imprisonment, to run consecutively. Miller filed a direct appeal to the Kentucky Supreme Court concerning the judgment of conviction and sentence. On September 29, 1994, the Kentucky Supreme Court affirmed the conviction, but remanded the case for re-sentencing and directed the trial court to run Miller’s life sentence concurrently with his forty-year sentence. On, November 15, 1994, the trial court re-sentenced Miller in accordance with the Kentucky Supreme Court’s order.
On October 26, 1995, with new court-appointed counsel, Miller file.d a motion to vacate,the judgment based upon ineffective assistance of counsel. Among his allegations, Miller argued that his trial counsel was ineffective when he allowed Juror Bell, a biased juror, to remain on the jury. On September 2, 1998, the Warren Circuit Court held an evidentiary hearing. The Warren Circuit Court heard testimony from; Miller and his trial counsel, Skaggs. Skaggs testified that he did not seek to exclude Juror Bell from the jury because:
.Most people do not understand the world of extreme hard core drug addicts and ... this case [involved] hard core drug addicts.... It is a different reality. [670]*670Regular jurors do not understand that hard core drug addicts will lie ... [.] They will only tell the truth if they have no other opportunity. And, since this lady knew Linda Cline, knew she was completely unworthy of belief, I left her up.... Anyone who knew Linda Cline, knew that she could not be trusted, that was my thinking at the time.
On February 2, 1999, the Warren Circuit Court denied Miller’s motion. Miller appealed to the Kentucky Court of Appeals. On January 19, 2001, the Kentucky Court of Appeals affirmed the Warren Circuit Court’s decision holding that Miller failed to rebut the presumption that trial counsel’s decision to not exclude the juror was sound trial strategy and, therefore, not deficient performance pursuant to Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Miller filed a motion for discretionary review with the Kentucky Supreme Court. On October 17, 2001, the Kentucky Supreme Court denied Miller’s motion.
After exhausting his remedies in the Kentucky state courts, on November 2, 2001, Miller filed a petition for a writ of habeas corpus, pro se, pursuant to 28 U.S.C. § 2254 in the United States District Court for the Western District of Kentucky. Miller raised five claims of ineffective assistance of counsel. Miller argued that: (1) his attorney failed to seek to exclude Juror Bell, who knew and admired the State’s primary witness; (2) his attorney failed to investigate and subpoena witnesses to directly contradict the State’s chief witness; (3) his attorney attempted to establish an alibi defense, which he knew he could not support by credible witnesses; (4) his attorney failed to move for a mistrial after a juror had prejudicial exposure to a spectator at trial; and (5) the cumulative effect of his counsel’s errors constituted ineffective assistance.
On January 7, 2002, the district court referred the matter to a magistrate judge for a report and recommendation. On May 28, 2002, the magistrate judge entered findings of fact and conclusions of law, recommending that the district court deny the petition on the merits and issue a certificate of appealability on the first issue only, because reasonable jurists could find the assessment of the constitutional claim debatable or wrong. On June 10, 2002, Miller filed objections to the findings of fact. On June 19, 2002, the district court entered an order adopting the magistrate judge’s report and recommendation. In denying the habeas petition on the first issue, the district court held that Miller failed to overcome the presumption that trial counsel’s reason for allowing Juror Bell to remain on the jury was sound trial strategy. In addition, the district court held that Miller failed to show that Juror Bell was actually biased against him. Therefore, the district court ruled that Miller failed to show that the decision of the Kentucky Court of Appeals, which denied his ineffective assistance of counsel claim, was contrary to, or an unreasonable application of, clearly established federal law.
On July 17, 2002, Miller filed a notice of appeal for the district court’s denial of his habeas petition based on his first claim of ineffective assistance of counsel, which the district court certified. On July 24, 2002, Miller also appealed the district court’s order denying a certificate of appealability on Miller’s remaining four claims. On January 17, 2003, this Court denied Miller’s application for a partial certificate of appealability holding that Miller failed to make a substantial showing of the denial of a constitutional right. This Court determined that Miller’s appeal should proceed on the claim that the district court certified: Whether Miller was denied the effec[671]*671tive assistance of counsel when his trial counsel failed to seek to exclude Juror Bell. On May 12, 2003, Respondent-Appellant Patti Webb, Warden, waived the opportunity to respond to Miller’s appeal.
II. DISCUSSION
This Court reviews a district court’s legal conclusions in a habeas petition de novo. Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). This Court .usually reviews findings of, fact for clear error, “but when the district court’s decision in a habeas case is based on a transcript from the petitioner’s state court trial, and the district court thus makes ‘no credibility determination or other apparent findings of fact,’ the district court’s factual findings are reviewed de novo.” Wolfe v. Brigano, 232 F.3d 499, 501 (6th Cir.2000) (quoting Moore v. Carlton, 74 F.3d 689, 691 (6th Cir.1996)).
In determining whether to issue a writ of habeas corpus, the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) govern the district court’s review of a state court decision.1 28 U.S.C. § 2241. Pursuant to the AED-PA,
[a]n application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—
(1) resulted in a, decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
Id. § 2254(d).
The Supreme Court explained these requirements for habeas relief under 28 U.S.C. § 2254(d)(1) in Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). In Williams, the Court held that, in order to justify a grant of habeas relief, a federal court must find a violation of law that is “clearly established” from “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Id. at 412, 120 S.Ct. 1495. The Court held that a state court’s legal decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the Supreme] Court has on a set of materially indistinguishable facts.” Id. at 413, 120 S.Ct. 1495. Furthermore, the Court held that a state court’s legal decision will be deemed an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.” Id.
A federal court, however, may not find a state adjudication to be unreasonable “simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable.” Id. at 411, 120 S.Ct. 1495. Moreover, a federal court [672]*672making the unreasonable application inquiry should not transform the inquiry into a subjective one by inquiring whether all reasonable jurists would agree that the application by the state court was unreasonable. Rather, the issue is “whether the state court’s application of clearly established federal law is objectively unreasonable.” Id. at 410, 120 S.Ct. 1495.
Under the AEDPA, therefore, the threshold inquiry is whether Miller seeks to apply a rule of law that was clearly established at the time of his conviction in the state court. See id. at 412, 120 S.Ct. 1495. Miller seeks to apply the Supreme Court’s holding in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), which the Supreme Court had clearly established at the time of Miller’s conviction, to show ineffective assistance of counsel. The Court in Strickland established a two-prong test to evaluate claims of ineffective assistance of counsel pursuant to the Sixth Amendment. First, the petitioner “must show that counsel’s representation fell below an objective standard of reasonableness. Judicial scrutiny of counsel’s performance must be highly deferential, and a fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Id. at 689, 104 S.Ct. 2052. A court considering a claim of ineffective assistance of counsel “must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. Second, the petitioner must show that counsel’s performance prejudiced the petitioner. That is, the petitioner must “show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. When a biased juror is impaneled, however, “prejudice under Strickland is presumed, and a new trial is required.” Hughes v. United States, 258 F.3d 453, 457 (6th Cir.2001).
Miller argues that it was ineffective assistance of counsel for his trial counsel to keep Juror Bell, a biased juror, on the jury. Pursuant to the Sixth and Fourteenth Amendments, a criminal defendant is guaranteed the right to an impartial and unbiased jury. Morgan v. Illinois, 504 U.S. 719, 727, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). “Among the most essential responsibilities of defense counsel is to protect his client’s constitutional right to a fair and impartial jury by using voir dire to identify and ferret out jurors who are biased against the defense.” Miller v. Francis, 269 F.3d 609, 615 (6th Cir.2001); see United States v. Blount, 479 F.2d 650, 651 (6th Cir.1973) (“The primary purpose of the voir dire of jurors is to make possible the empanelling of an impartial jury through questions that permit the intelligent exercise of challenges by counsel.”); see also Mu’Min v. Virginia, 500 U.S. 415, 431, 111 S.Ct. 1899,114 L.Ed.2d 493 (1991) (stating that voir dire “serves the dual purposes of enabling the court to select an impartial jury and assisting counsel in exercising peremptory challenges”); Rosales-Lopez v. United States, 451 U.S. 182, 188, 101 S.Ct. 1629, 68 L.Ed.2d 22 (1981) (“Voir dire plays a critical function in assuring the criminal defendant that his Sixth Amendment right to an impartial jury will be honored.”).
Counsel, however, is granted deference when conducting voir dire. Hughes, 258 F.3d at 457. “An attorney’s actions during voir dire are considered to be matters of trial strategy.... A strategic decision cannot be the basis for a claim of ineffective assistance unless counsel’s [673]*673decision is shown to be so ill-chosen that it permeates the entire trial with obvious unfairness.” Id. (citation omitted). Despite this strong presumption that counsel’s decisions are based on sound trial strategy, it is insufficient for counsel to simply articulate a reason for an omission or act alleged to constitute ineffective assistance of counsel. “The trial strategy itself must be objectively reasonable.” Miller, 269 F.3d at 616 (citing Strickland, 466 U.S. at 681, 104 S.Ct. 2052).
A trial court’s management of voir dire is granted similar deference. The Supreme Court has acknowledged the “traditionally broad discretion accorded to the trial judge in conducting voir dire.” Mu’Min, 500 U.S. at 423, 111 S.Ct. 1899. A trial court’s management of voir dire, however, is “subject to essential demands of fairness.” Hughes, 258 F.3d at 457 (citations and internal quotation marks omitted). Because a petitioner’s Sixth Amendment right to an impartial jury is at stake, “[a] defendant may obtain a new trial if an impaneled juror’s honest responses to questions on voir dire would have given rise to a valid challenge for cause.” Id. (citing McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 556, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984)). “ ‘Challenges for cause are subject to approval by the court and must be based on a finding of actual or implied bias.’ ” Id. (quoting Virgin Islands v. Felix, 569 F.2d 1274, 1277 n. 5 (3d Cir.1978)).
Pursuant to the Sixth Amendment, for a finding of juror impartiality when a juror is challenged for cause, the relevant question is “did [the] juror swear that he could set aside any opinion he might hold and decide the case on the evidence, and should the juror’s protestation of impartiality have been believed.” Patton v. Yount, 467 U.S. 1025, 1036, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984). A qualified juror need not be “totally ignorant of the facts and issues involved.” Murphy v. Florida, 421 U.S. 794, 800, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975). Rather, “ ‘[i]t is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ ” Id. (quoting Irvin v. Dowd, 366 U.S. 717, 723, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961)). In Irvin, the Supreme Court stated:
In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors will not have formed some impression or opinion as to the merits of the case. This is particularly true in criminal cases. To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible standard. It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.
Irvin, 366 U.S. at 722-23, 81 S.Ct. 1639.
If actual bias is discovered during voir dire, the trial court must excuse the prospective juror. Hughes, 258 F.3d at 459. “ ‘Actual bias is “bias in fact” — the existence of a state of mind that leads to an inference that the person will not act with entire impartiality.’ ” Id. at 463 (quoting United States v. Torres, 128 F.3d 38, 43 (2d Cir.1997) (citing United States v. Wood, 299 U.S. 123, 133, 57 S.Ct. 177, 81 L.Ed. 78 (1936))). Although bias can be revealed through a' prospective juror’s express admission, more frequently, jurors are reluctant to admit actual bias and the trial court must discover their biased attitudes through circumstantial evidence. [674]*674Id. at 459 (citing United States v. Allsup, 566 F.2d 68, 71 (9th Cir.1977)).
Because Miller’s claim for ineffective assistance of counsel is based on his trial counsel’s failure to strike a biased juror, Miller must show that the juror was actually biased against him. Id. at 458 (citing Goeders v. Hundley, 59 F.3d 73, 75 (8th Cir.1995) (citing Smith v. Phillips, 455 U.S. 209, 215, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982))). “A juror’s express doubt as to her own impartiality on voir dire does not necessarily entail a finding of actual bias. The Supreme Court has upheld the impaneling of jurors who had doubted, or disclaimed outright, their own impartiality on voir dire.” Id.; see also Patton, 467 U.S. at 1025, 104 S.Ct. 2885 (holding that trial court did not commit “manifest error” when finding jury members to be impartial despite admitting that they formed an opinion as to the defendant’s guilt due to pretrial publicity).
This Court in Hughes, however, found actual bias when a juror made an unequivocal statement of partiality and there was neither a subsequent assurance of impartiality nor rehabilitation by counsel or the court through follow-up questions. Hughes, 258 F.3d at 460. In Hughes, the government charged the defendant with theft of government property and wrongful possession of a firearm in connection with the robbing of a Deputy United States Marshall. During voir dire, the judge asked potential jurors if they could be fair. In response, the following exchange occurred:
JUROR [Jeanne Orman]: I have a nephew on the police force in Wyan-dotte, and I know a couple of detectives, and I’m quite close to ‘em.
THE COURT: Anything in that relationship that would prevent you from being fair in this case?
JUROR: I don’t think I could be fair.
THE COURT: You don’t think you could be fair?
JUROR: No.
THE COURT: Okay. Anybody else?
Okay. Where did we leave off?
Id. at 456. Neither the judge nor counsel asked any follow-up questions. In addition, counsel never attempted to remove the juror for cause or by peremptory strike. This Court held that, while a juror’s express doubt as to her ability to be impartial on voir dire does not necessarily result in a finding of actual bias, actual bias was present because neither counsel nor the trial court responded to the juror’s express statement that she could not be fair. There was no subsequent assurance of impartiality and no rehabilitation by counsel or the court through follow-up questions. This Court held that, when left with only a statement of partiality without a subsequent assurance of impartiality or rehabilitation through follow-up questions, “juror bias can always be presumed from such unequivocal statements.” Id. at 460. As a result of finding actual bias, this Court held that the state court’s denial of the defendant’s ineffective assistance of counsel claim was an unreasonable application of clearly established federal law.
Our present case is similar to Hughes. As in Hughes, Juror Bell did not unequivocally swear that she could set aside her opinion and decide the case on the evidence. When the trial judge asked the jury panel whether any individual had anything else to add, Juror Bell stated, “I feel like I would kind of be partial to Linda Cline because, when she was in my classes (inaudible) she seemed like she really wanted to do better and I kind of have sympathy for her in this case, with her being the victim.” Juror Bell indicated that she was “partial” to the government’s key witness. The trial judge asked only [675]*675one follow-up question regarding whether she could be fair and impartial. In response, Juror Bell stated, “I think I could be fair,” however, she immediately qualified her statement by stating, “[b]ut I do have some feelings about her.” Although defense counsel questioned her further, he only inquired about the women’s section and the jail. Neither counsel nor the judge followed-up on her statement of partiality. They did not ask whether she could “lay aside [her feelings] and render a verdict based on the evidence presented in court.” Irvin, 366 U.S. at 722-23, 81 S.Ct. 1639. In this context, when a juror makes a statement that she thinks she can be fair, but immediately qualifies it with a statement of partiality, actual bias is presumed when proper juror rehabilitation and juror assurances of impartiality are absent, as in Hughes.
This Court acknowledges that, when asked whether a particular juror can be fair, statements such as “I think I could be fair” are not necessarily construed as equivocation. Miller v. Francis, 269 F.3d at 618. In Miller v. Francis, we stated, “venire members commonly couch their responses to questions concerning bias in terms of T think.’ Therefore, the use of such language cannot necessarily be construed as equivocation.” Id. For a juror to say, “I think I could be fair, but ... without more, however, must be construed as a statement of equivocation. It is essential that a juror “swear that [she] could set aside any opinion [she] might hold and decide the case on the evidence.” Patton, 467 U.S. at 1036, 104 S.Ct. 2885. If a juror does not,make such an unequivocal statement, then a trial court cannot believe the protestation of impartiality. See id. Accordingly, when the trial, court is ultimately left with a statement of partiality, as in this case, that is coupled with a lack of juror rehabilitation or juror assurances of impartiality, we are left to find actual bias.
When a trial court is confronted with a biased juror, as in this case, the judge must, either sua sponte or upon a motion, dismiss the prospective juror for cause. Frazier v. United States, 335 U.S. 497, 511, 69 S.Ct. 201, 93 L.Ed. 187 (1948). Because the trial court failed to respond to Juror Bell’s statement of bias on voir dire, we find that, as in Hughes, counsel’s failure to respond in turn was objectively unreasonable pursuant to Strickland. “When a venireperson expressly admits bias on voir dire, without a court response or follow-up, for counsel not to respond [to the statement of partiality] in turn is simply á failure ‘to exercise the customary skill and diligence that a reasonably competent attorney would provide.’ ” Hughes, 258 F.3d at 462 (quoting Johnson v. Armontrout, 961 F.2d 748, 754 (8th Cir.1992)).
The Kentucky Court of Appeals held that Miller was not denied effective assistance. of counsel because Miller failed to show that his trial counsel’s decision to leave Juror Bell on the jury was not the result of reasonable professional judgment. Miller’s trial counsel, Skaggs, stated that he kept Juror Bell on the jury because the case was about “hard core drug addicts” and Juror Bell knew Linda Cline and “[a]nyone who knew Linda Cline, knew that she could not be trusted.” The Kentucky Court of Appeals noted that any error in trial strategy regarding the selection of jurors does not generally rise to the level of ineffective assistance of counsel.
Contrary to the Kentucky Court of Appeal’s decision, the decision whether to seat a biased juror cannot be a discretionary or strategic decision. Id. at 463 (citing United States v. Martinez-Salazar, 528 U.S. 304, 316, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000) (holding that the seat[676]*676ing of a biased juror who should have been dismissed for cause requires reversal of the conviction)). As we previously held, there is no sound trial strategy that could support what is essentially a waiver of a defendant’s basic Sixth Amendment right to trial by an impartial jury. Id. If, however, there could be such a strategic decision, this case does not present such a situation because Skaggs’s articulated trial strategy was objectively unreasonable. First, Skaggs’s reasoning that “anyone who knew Linda Cline, knew that she could not be trusted” was completely baseless. Juror Bell never gave counsel nor the court an indication that she did not trust Linda Cline. On the contrary, Juror Bell believed that Linda Cline “wanted to do better” and Juror Bell had “sympathy for her in this case, with her being the victim.” It was clear that Juror Bell was not an individual who did not trust Linda Cline. Rather, Juror Bell was involved in ministry with Linda Cline and believed in her.
Second, Skaggs’s reasoning that this case was about “hard core drug addicts” and its dependent implication that Juror Bell knew about this subject was also baseless. Although Juror Bell was a minister at the Warren County Jail, she specifically stated that she “never ask[ed] any of them about why they’re in for or any of their business. [Her] whole concern was the word of God. [She] never talk[ed] to them about their cases or any of their personal business.” In addition, during voir dire, Skaggs never questioned Juror Bell about her knowledge of “hard core drug addicts.” Skaggs made an unreasonable assumption that Juror Bell had such knowledge considering that Juror Bell stated that she never- discussed personal business with the ladies. Accordingly, Skaggs’s trial strategy was objectively unreasonable. It was illogical to keep Juror Bell on the jury when she was partial to Linda Cline, the Government’s key witness and victim. No competent attorney would have employed such a strategy.
The “ ‘presence of a biased juror cannot be harmless; the error requires a new trial without a showing of actual prejudice.’ ” Hughes, 258 F.3d at 453 (quoting United States v. Gonzalez, 214 F.3d 1109, 1111 (9th Cir.2000) (citations omitted)). Therefore, because Miller’s trial counsel impaneled a biased juror, “prejudice under Strickland is presumed, and a new trial is required.” Id.
This Court has decided two other notable cases regarding impartial jurors. In Wolfe v. Brigano, 232 F.3d 499 (6th Cir.2000), the trial court denied the defense’s challenges for cause of four prospective jurors in a murder trial. The first two prospective jurors were close friends of the victim’s parents. One of these jurors did not think he could be fair and impartial. The other stated that she could be fair and impartial, but conceded that it was “hard to say” whether her relationship with the victim’s parents would influence her. Id. at 502. The third prospective juror admitted she read and saw news accounts of the crime and “expressed doubt as to whether she could put aside those reports and decide the case solely on the evidence presented at trial.” Id. at 502-03. The fourth prospective juror “doubted he would require the prosecution to prove its case beyond a reasonable doubt.” Id. at 503. This Court held that “[i]n the absence of an affirmative and believable statement that these jurors could set aside their opinions and decide the case on the evidence and in accordance with the law, the failure to dismiss them was unreasonable.” Id. (citing Patton, 467 U.S. at 1036, 104 S.Ct. 2885). This Court further stated that “it appears that the trial judge based his findings of impartiali[677]*677ty exclusively upon each juror’s tentative statements that they would try to decide this case on the evidence presented at trial. Such statements, without more, are insufficient.... The Sixth Amendment guarantees Wolfe the right to a jury-that will hear his case impartially, not one that tentatively promises to try.” Id. Therefore, this Court granted habeas relief because the denial of a challenge for cause violated the petitioner’s Sixth Amendment right to an impartial jury.
As in Wolfe, when Juror Bell stated, “I think I can be fair. But ... [,]” there was an absence of an affirmative and believable statement that Juror Bell could set aside her opinion and decide the case on the evidence and in accordance with the law.2 Such statements of partiality, without more, are insufficient. See id.
Another case in this Circuit that involved juror impartiality is Miller v. Francis, 269 F.3d 609 (6th Cir.2001). In Miller v. Francis, this Court declined to grant habeas relief for an ineffective assistance of counsel claim. The defendant was charged and convicted for gross sexual imposition and rape of a minor under the age of thirteen. During voir dire, one juror, Patricia Furrow (“Furrow”), stated that she had knowledge of the case, but could not discuss the case in open court because of privacy concerns. During an in camera examination, Furrow indicated that she was a welfare caseworker to the victim’s mother. Furrow stated that she knew what happened, but the victim’s mother did not use any names and did not discuss the details of the rapé or the criminal investigation. Furrow expressed concern about participating on the jury. She thought it would be uncomfortable for both herself and the victim’s mother. In addition, she was worried that the victim’s mother would try to telephone her during the trial to talk about the case. When the prosecutor asked her whether she could be fair, she replied, “I — it’s tough. I think I could be fair.” Id. at 612. When defense counsel later asked whether her professional relationship with the victim’s mother lent more credence to the charges against his client, Furrow answered, “No, I don’t really think that I would be biased. Just uncomfortable.” Id. Furrow stated that if a problem arose as a result of her participation as a • juror, the victim’s mother could be reassigned to a new caseworker. Defense counsel declined to challenge Furrow for cause or use a peremptory challenge to remove the potential juror. The defendant was then convicted for the charged crimes.
The defendant, in his habeas petition, argued that his defense counsel was ineffective for failing to challenge a biased juror and, therefore, the Ohio Court of Appeals unreasonably determined that he was not denied the effective assistance of counsel.' This Court, however, declined to grant habeas relief, holding that the defendant failed to meet his burden of showing actual bias. This Court stated:
Because Miller’s claim of ineffective assistance of counsel is founded upon a claim that counsel failed to strike a biased juror, Miller must show that the juror was actually biased against him. Hughes, 258 F.3d at 458. Miller has failed to meet his burden. Furrow’s prior knowledge of the. case was not extensive or detailed. Furrow indicated during voir dire that [the victim’s mother] told her over the phone that her son [678]*678had been raped, but did not disclose the name of the suspect or any details of the event or the investigation. Furrow agreed that she would not necessarily assume that what [the victim’s mother] told her was true and that she could base her judgment on the evidence presented at trial. Jurors need not be totally ignorant of the facts and issues involved in the case. [Irvin, 366 U.S. at 722, 81 S.Ct. 1639.]
Miller v. Francis, 269 F.3d at 616. In denying habeas relief, this Court distinguished Miller v. Francis from Hughes by stating that, unlike Hughes, the trial court held a separate in camera examination of the juror when she indicated she had some prior knowledge of the case. During the in camera examination, the trial court, the prosecutor, and defense counsel questioned her regarding her knowledge, her relationship with the victim’s mother, and whether she could be fair and impartial. Unlike the juror in Hughes, “Furrow never stated that she could not be fair. While Furrow expressed some discomfort about sitting on the jury, she consistently answered that she could be fair.” Id. at 617. Therefore, the Court was “not constrained to make a finding of actual bias based upon an undisputed statement of a juror that she could not be fair in deciding the case.” Id.
Unlike Miller v. Francis, where there was no statement of partiality, Juror Bell specifically stated she would be “partial” to Linda Cline. Juror Bell stated that she had “sympathy for her” and believed she was the “victim.” Juror Bell never unequivocally stated that she could be fair. On the contrary, Juror Bell gave a qualified statement of impartiality. Moreover, unlike Miller v. Francis, where there was sufficient questioning regarding the relationship between the juror and the victim’s mother, when Juror Bell stated, “I believe I could be fair about it all. But I do have some feelings about her[,]” neither the trial court nor counsel inquired further regarding whether she could be fair and impartial. Without proper follow-up questions directed toward rehabilitating the juror or obtaining an assurance of impartiality, we are left with a situation as in Hughes in which we found actual bias. Although defense counsel asked Juror Bell about the women’s section at the Warren County Jail, he never inquired about whether she could be fair and impartial despite her “feelings.” He never inquired whether she could determine the case based on the evidence and the trial court’s instructions. Consequently, the present case is distinguishable from Miller v. Francis.
III. CONCLUSION
Because we find counsel’s performance to have been objectively unreasonable and we find that impaneling a biased juror prejudiced Miller, the Kentucky Court of Appeals’s determination that Miller’s trial counsel’s performance was not constitutionally deficient was an unreasonable application of Strickland, which is clearly established federal law. We, therefore, REVERSE the district court’s order denying Miller’s 28 U.S.C. § 2254 petition, and REMAND the case with instructions that the district court order Petitioner released from custody unless the State commences a new trial within 180 days.