Herbert Smulls v. Donald Roper

While the court recites the proper standard for reviewing the state court proceedings, in my view it fails to adhere to that standard, and I therefore respectfully dissent from the court’s disposition of the Batson claim. I concur in the court’s disposition of Smulls’ ineffective assistance of counsel claims.

It bears repeating that a federal court “shall not ... grant[ ]” an application for a writ of habeas corpus to a prisoner in state custody unless the State courts’ adjudication of the prisoner’s claim:(1) resulted in a decision that was contrary to, or involved an unreasonable application…