The petition of the day is:
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.
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