Loving v. United States

I have concerns similar to those raised by Judge Ryan regarding the appropriateness of applying to the review of this Court’s own previous decisions the same habeas standards, under 28 U.S.C. § 2254 (2006), as federal courts apply in habeas reviews of state court decisions. Judge Ryan also makes an interesting point about our habeas corpus jurisdiction in cases in which direct appellate review has been completed. I write separately today, however, solely because I am convinced that the defense team’s performance was not deficient. I concur with the majority’s conclusion that, in any event,…