Raynard Cummings v. Michael Martel

I agree with Judge McKeown that the district court’s decision to deny the petition for habeas corpus must be affirmed. Therefore, I concur in her opinion, and in its excellent reasoning — except as to Section I.A. I respectfully dissent from Section I.A., and write separately to explain why the California Supreme Court’s conclusion that Deputy LaCasella was not a “key witness” under Turner must be afforded AEDPA deference.

I

I begin by noting that Section I.A. is dicta — whether it is included or excised, the result is the same because, as Section I.B. persuasively explains, Cummings cannot…