Darnell Deberry v. Leonard A. Portuondo

JOHN M. WALKER, Jr., Chief Judge,

concurring.

I concur in Judge Pooler’s opinion affirming the district court’s denial of De-Berry’s petition for a writ of habeas corpus. I write separately to highlight a major inconsistency in our cases that discuss the standard of review for state court habeas decisions whose grounds are unclear. In what one experienced district court judge has referred to as a “congeries of holdings,” e.g., Taus v. Senkowski 293 F.Supp.2d 238, 245 (E.D.N.Y.2003) (Wein-stein, J.), we have wrestled with the level of deference due when the state court adjudicating habeas claims…