Problems with HC:
Can’t win unless state court decision was contrary to federal law determined by USSC3
so if issue hasn’t been determined in favor of D by USSC, you still lose
“unreasonable application of clearly established federal law” … no reasonable judge would take that position
Teague Rule:  cant’ get relief on NEW habeas issues that haven’t been resolved by USSC; so even if contrary to a circuit holding but new to USSC … too bad!
So if its new, the USSC won’t address on habeas
Exceptions:  1) brand new structural defect, 2) notions of fundamental fairness
maybe someday they’ll address on a case in direct appeal