Refusing to “Kiss the Great Writ Good-Bye”: The Ninth Circuit, in Doody v. Ryan, Ignores the Supreme Court’s Cues Regarding Federal Habeas Relief

On May 4, 2011, the U.S. Court of Appeals for the Ninth Circuit in Doody v. Ryan held that the Arizona Court of Appeals’ application of U.S. Supreme Court precedent regarding Miranda warnings was unreasonable. Therefore, it granted the defendant federal habeas relief under the Antiterrorism and Effective Death Penalty Act (AEDPA). In so doing, the Ninth Circuit once again displayed an improper understanding of the AEDPA and the requisite deference it must apply to state court decisions. This Comment argues that the Supreme Court should adopt a more precise unreasonableness standard to curtail the Ninth Circuit from defying congressional intent and Supreme Court precedent.