Sonia Sotomayor,
Williams v. Hobbs — Dissent (slip opinion - see disclaimer…
“ To be sure, under §2254 (e) (2) , if a habeas petitioner "has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim" unless certain conditions are met. Had the State invoked this section in the District Court, the hearing may have been barred for the reasons given by the Court of Appeals. But whether §2254 (e) (2) barred the hearing is a separate question from whether the State's §2254 (e) (2) objection was properly before the Court of Appeals in the first place. ”
