Darrell W. Stevens v. Delaware Correctional Center Attorney General of the State of Delaware

SLOVITER, Circuit Judge.

The State of Delaware appeals from the order of the District Court for the District of Delaware conditionally granting the petition of Darrell Stevens for a writ of habeas corpus. See Stevens v. Del. Corr. Ctr., 152 F.Supp.2d 561 (D.Del.2001). The State raises two arguments on appeal: (1) that the ineffective assistance claim upon which the District Court granted federal habeas relief was unexhausted and is thus procedurally barred, and (2) in the alternative, that the state courts’ application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674…