Held: Per Alito, the Sixth Circuit failed to apply the double deferential standard of review when it refused to credit the state court's reasonable factual finding and assumed that counsel was ineffective even though the record was silent.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.