White v. Thaler

With due respect, I dissent from the majority’s decision to grant habeas corpus relief on the basis of ineffective assistance of trial counsel. AEDPA mandates that *913we apply a “doubly deferential judicial review” to ineffectiveness claims. Knowles v. Mirzayance, — U.S. -, 129 S.Ct. 1411, 1420, 173 L.Ed.2d 251 (2009). The majority, in effect, hold otherwise.

This is not a case where exculpatory evidence was concealed from the jury or where counsel failed to uncover evidence that could have assisted the defense. This was a fully and carefully tried case featuring many eyewitnesses to the crimes…