Petition of the day

Thepetition of the dayis:

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 respondents case the state violated the Sixth Amendment; and (2) whether the Ninth Circuit improperly disregarded its obligation underFry v. PlilerandBrecht v. Abrahamsonto 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.