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AEDPA appeal argued attorney Atwater Bivens Blockburger Bordenkircher capital sentencing carryover paragraph add charge claim concluded conflict constitutional conviction Court decisions Court held crime criminal custodial arrest defendant defendant's detect develop a factual device discussed dissent drug testing program enhance evidence evidentiary hearing fact factual basis factual innocence failure to develop federal habeas Fifth five members Florida Fourth Amendment full paragraph add guilty plea Hubbell ineffective assistance inquiry involved issue jury Justice Breyer Justice Ginsburg Justice O'Connor Justice Scalia Justice Souter Justice Stevens Kyllo majority Martinez-Fuerte Martinez-Villareal Mickens Miranda noted obtained offenses officer opinion by Justice passengers petition petitioner plea bargain police Pottawatomie County prejudice PRETRIAL prior prison probable cause probation procedural Prophylactic Rules prosecution prosecution's prosecutor reasonable suspicion retroactive right to counsel rule S.Ct search incident second full paragraph Sixth Amendment Supreme Court Tamayo-Reyes Teague's testimony tion trial United unreasonable Vernonia violated Vopper warrant Whren