Hillum Safat Qital Abdullah, Also Known as Tommie Lee West v. Michael Groose

I respectfully dissent from part I of the majority’s opinion. I would reverse the district court because I believe its decision announced a new rule in violation of Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 108 L.Ed.2d 334 (1989).

I

Teague prevents a federal court from granting habeas relief to a prisoner based on a rule announced after his conviction has become final. Id. at 310, 109 S.Ct. at 1075. Since Groose argued that the district court fashioned a new rule, we “must apply Teague before considering the merits of the claim.” Caspari v. Bohlen, — U.S. -, -, 114 S.Ct. 948, 953, 127…