Issue: Whether a federal court can consider new evidence to support a state prisoner’s application for habeas relief under 28 U.S.C. § 2254(d), when the state court record was not developed as a result of incompetent and likely conflicted post-conviction counsel.
Petition DENIED Justice Breyer, with whom Justice Sotomayor joins, respecting the denial of the petition for writ of certiorari. (Detached Opinion)
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