Young v. Conway

BARRINGTON D. PARKER, Circuit Judge, joined by PETER W. HALL, Circuit Judge,

concurring in the denial of rehearing en banc.

I concur fully in the panel’s decision and write separately to emphasize why the *80panel’s decision was correct and the case does not present a matter of exceptional importance warranting en banc review.

Judge Raggi1 accuses the panel of committing misdeeds in several forms through its decision. First, we affirmed a grant of habeas relief in circumstances she finds objectionable. Next, we accused the New York Court of Appeals of unreasonably applying the independent source…