Issue: (1) Whether the Ninth Circuit contravened 28 U.S.C.
§ 2254(d)(1) when it granted habeas relief even though
there is no clearly established Supreme Court
precedent which holds that in respondent’s case the
state violated the Sixth Amendment; and (2) whether the Ninth Circuit improperly
disregarded its obligation under Fry v. Pliler and
Brecht v. Abrahamson to review the state court
decision for harmless error when it applied a Ninth
Circuit direct-review standard to determine that it
would not reach the issue of harmless error because the
state had waived it.