Pitchford v. Cain · ¶56

In short, I respectfully dissent because, as I see it, the Court's opinion errs on the law and the factual record alike. But if the Court's decision is mistaken, at least its impact is limited. Precisely because so many of our AEDPA precedents go unmentioned, I do not read today's decision as calling any of them into question. Notably, too, the Court issues a narrow judgment, holding only that Mr. Pitchford did not waive a step three Batson argument without dictating what further proceedings may be appropriate on remand consistent with § 2254.

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