Delgadillo v. Woodford

IKUTA, Circuit Judge:

This appeal requires us to consider whether for purposes of our review under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254(d)(1), a state habeas court’s decision to apply Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), retroactively to uphold a defendant’s sentence is an unreasonable application of Supreme Court precedent. Although Whorton v. Bockting, — U.S. -, 127 S.Ct. 1173, 1177, 167 L.Ed.2d 1 (2007), held that Crawford is not retroactively applicable in federal habeas proceedings, Danforth v. Minnesota, —…