Robert McDaniels v. Richard Kirkland

I write separately to address a question raised by the majority: whether Miller-El v. Dretke (Miller-El II), 545 U.S. 231, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005), established a new procedural rule that a state court must use comparative juror analysis when adjudicating a Batson claim, such that a failure to do so results in a decision that is “contrary to, or involved an unreasonable application of, clearly established Federal law” under 28 U.S.C. § 2254(d)(1). Maj. Op. at 777. For the reasons explained below, Miller-El II could not and did not establish any such rule.

AEDPA provides that a…