This morning the 9th Circuit denied relief in Towery v. Schriro. The district court had certified one issue, prosecutorial misconduct, and the court of appeals certified two additional issues, judicial bias and ineffective assistance of counsel. The court of appeals denied the prosecutorial misconduct claim on the merits, judicial bias on procedural grounds, and IAC on the grounds that the state court denial of relief was not objectively unreasonable under AEDPA.
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