Charles Hemstreet v. Charles Greiner, Superintendent

B.D. PARKER, JR.,

dissenting.

According to the majority, Hemstreet is entitled to habeas relief for essentially three reasons: (1) his trial counsel was ineffective, (2) his appellate counsel was ineffective for failing to raise his trial counsel’s ineffectiveness, and (3) the state court’s determination that he was not deprived of effective assistance of appellate counsel was, under AEDPA, “objectively unreasonable” in light of clearly established federal law, 28 U.S.C. § 2254(d)(1); see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Since I disagree with these…