Doody v. Ryan

TALLMAN, Circuit Judge, with whom Judges RYMER and KLEINFELD join,

dissenting:

The Supreme Court has repeatedly told us to adhere to the highly deferential standard of review of state court judgments that the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2254(d), requires in federal habeas cases. But my colleagues continue to treat this case as if it were on direct appeal to be reviewed de novo. The majority will not yield to the shot across our bow fired by the Supreme Court when it granted Arizona’s petition for certiorari and vacated and remanded our original en banc…