white warden woodall argued december decided april respondent pleaded guilty capital murder capital kidnaping rape statutory aggravating circumstance murder sentenced death trial denied defense counsel request instruct jury draw adverse inference respondent decision testify penalty phase kentucky affirmed finding fifth amendment requirement instruction protect nontestifying defendant guilt phase see carter kentucky required penalty phase subsequently federal district granted respondent habeas relief holding trial refusal give requested instruction violated respondent privilege sixth circuit affirmed held kentucky rejection respondent fifth amendment claim objectively unreasonable sixth circuit erred granting writ pp standard permits grant federal habeas relief claim already adjudicated merits state adjudication resulted decision contrary involved unreasonable application clearly established federal law determined learly established federal includes holdings decisions howes fields unreasonable application holdings must unreasonable lockyer andrade ruling must rest error well understood comprehended existing law beyond possibility fairminded disagreement harrington richter kentucky conclusion contrary holdings carter supra required instruction guilt phase estelle smith concerned introduction penalty phase results involuntary pretrial psychiatric examination mitchell disapproved trial judge drawing adverse inference defendant silence sentencing regard factual determinations respecting circumstances details crime kentucky conclusion unreasonable application holdings cases need decide whether instruction required circumstances issue kentucky minimum beyond possibility fairminded disagreement harrington supra mitchell particular leaves open possibility inferences might permissibly drawn defendant silence thus read require type blanket instruction requested denied moreover respondent admissions guilt established every relevant fact kentucky bore burden proof mitchell narrow holding implied limited inferences pertaining facts crime apply pp respondent contends state unreasonable refusing extend governing legal principle context controlled never adopted rule section provides remedy instances state unreasonably applies precedent require state courts extend precedent license federal courts treat failure error appropriate time consider matter first impression whether carter estelle mitchell require instruction direct review habeas case governed pp reversed remanded scalia delivered opinion roberts kennedy thomas alito kagan joined breyer filed dissenting opinion ginsburg sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press randy white warden petitioner robert keith woodall writ certiorari appeals sixth circuit april justice scalia delivered opinion respondent brutally raped slashed box cutter drowned student pleading guilty murder rape kidnaping sentenced death kentucky affirmed sentence denied certiorari ten years later appeals sixth circuit granted respondent petition writ habeas corpus fifth amendment claim disregarded limitations provision law federal judges find confining federal judges must obey reverse evening january sarah hansen drove convenience store rent movie failed return home several hours later family called police officers eventually found vehicle hansen driving short distance convenience store followed trail blood van nearby lake hansen unclothed dead body found floating water hansen throat slashed twice cut approximately inches long er windpipe totally severed woodall commonwealth authorities questioned respondent learned convenience store night murder respondent gave conflicting statements regarding whereabouts evening investigation revealed respondent fingerprints van victim driving lood found respondent front door lood clothing sweatshirt consistent blood victim dna vaginal swabs taken victim consistent respondent ibid faced overwhelming evidence guilt respondent pleaded guilty capital murder also pleaded guilty capital kidnaping rape statutory aggravating circumstance murder see app rev stat ann west supp ensuing trial respondent called character witnesses declined testify defense counsel asked trial judge instruct jury defendant compelled testify fact defendant testify prejudice way app trial judge denied request kentucky affirmed denial woodall commonwealth supra recognizing fifth amendment requires instruction protect nontestifying defendant guilt phase see carter kentucky held carter subsequent cases require instruction woodall commonwealth supra denied respondent petition writ certiorari direct appeal woodall kentucky respondent filed petition habeas corpus federal district district granted relief holding relevant trial refusal issue instruction penalty phase violated respondent fifth amendment privilege woodall simpson wd app pet cert wl appeals affirmed ordered kentucky either resentence respondent within days release woodall simpson judge cook dissented granted certiorari ii section title provides application writ habeas corpus behalf person custody pursuant judgment state shall granted respect claim adjudicated merits state proceedings unless adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined standard recently reminded sixth circuit meet metrish lancaster slip learly established federal purposes includes holdings opposed dicta decisions howes fields slip quoting williams taylor unreasonable application holdings must merely wrong even clear error suffice lockyer andrade rather condition obtaining habeas corpus federal state prisoner must show state ruling claim presented federal lacking justification error well understood comprehended existing law beyond possibility fairminded disagreement harrington richter slip kentucky appeals identified relevant precedents area decisions carter estelle smith mitchell carter held instruction required guilt phase estelle concerned introduction penalty phase results involuntary pretrial psychiatric examination mitchell disapproved trial judge drawing adverse inference defendant silence sentencing regard factual determinations respecting circumstances details crime clear kentucky conclusion contrary actual holding cases appeals held however kentucky denial constitutional claim unreasonable application cases view reading carter estelle mitchell together reasonable conclusion instruction required penalty phase need decide express view whether conclusion instruction required correct case reviewed lens satisfied issue minimum beyond possibility fairminded disagreement harrington supra slip true held privilege applies penalty phase see estelle supra mitchell supra uncommon constitutional rule apply somewhat differently penalty phase guilt phase see bobby mitts per curiam slip never directly held carter applies sentencing phase fifth amendment interests defendant different whitten livingston dissenting denial rehearing en banc indeed mitchell leaves open possibility inferences might permissibly drawn defendant silence case district judge actually drawn defendant silence adverse inference drug quantity attributable defendant see held ran afoul defendant right remain silent sentencing citing griffin california framed holding narrowly terms implying limited inferences pertaining facts crime decline adopt exception sentencing phase case regard factual determinations respecting circumstances details crime mitchell emphasis added government retains said burden proving facts relevant crime enlist defendant process expense privilege emphasis added mitchell included express reservation direct relevance whether silence bears upon determination lack remorse upon acceptance responsibility purposes downward adjustment provided sentencing guidelines separate question us express view mitchell reservation relevant two reasons first mitchell suggests actual inferences might permissible penalty phase certainly read require blanket instruction every trial blanket instruction requested denied case respondent requested instruction informed jury defendant compelled testify fact defendant testify prejudice way app emphasis added counsel respondent conceded oral argument remorse issue trial see tr oral arg see also brief respondent yet proposed instruction precluded jury considering respondent silence indicative lack remorse indeed trial judge declined give instruction precisely aware case law precludes jury considering defendant lack expression remorse sentencing app alone suffices establish kentucky conclusion objectively unreasonable andrade second regardless scope respondent proposed instruction inferences drawn respondent silence arguably fall within class inferences mitchell leaves door open respondent pleaded guilty charges faced including applicable aggravating circumstances thus kentucky shifted respondent burden proving facts relevant crime respondent admissions already established every relevant fact kentucky bore burden proof reasonable arguments logic mitchell apply cases see ronquillo mitchell inapplicable sentencing decision case facts offense based entirely ronquillo admissions adverse inference ronquillo unlike defendant mitchell admitted predicate facts offenses dissent insists mitchell irrelevant merely declined create exception normal rule supposedly established estelle defendant entitled requested instruction sentencing post opinion breyer argument disregards perfectly reasonable interpretations estelle mitchell hence contravenes deferential standard review estelle involve adverse inference based defendant silence corresponding jury instruction see thus whatever estelle said fifth amendment aspect decision relevant requir categorical rule dissent ascribes carey musladin likewise fairminded jurists conclude mitchell reservation regarding remorse acceptance responsibility served meaningful purpose estelle created rule adverse inferences hardly habit reserving separate question mitchell supra already definitively answered circumstances right remain state courts enjoy broad discretion adjudication prisoner claims lockyer quoting harmelin michigan kennedy concurring part judgment arguing contrary result respondent leans heavily notion may set aside clearly established federal law state unreasonable refusing extend governing legal principle context principle controlled brief respondent quoting ramdass angelone plurality opinion appeals district relied proposition sustaining respondent fifth amendment claim see app pet cert wl concept originated fourth circuit opinion discussed length williams first analysis antiterrorism effective death penalty act aedpa see citing green french described fourth circuit interpretation unreasonable application clause generally correct approved conclusion decision involves unreasonable application precedent state identifies correct governing legal rule unreasonably applies facts particular state prisoner case citing green supra took position fourth circuit conclusion state commits aedpa error unreasonably refuse extend legal principle new context apply citing green supra chose decide legal principle cases treated fourth circuit proposed rule resolving presented several problems precision two months later plurality paraphrased applied concept ramdass see however grant habeas petitioner relief basis finding unreasonable refusal extend moreover justice whose vote necessary form majority cited williams made mention concept separate opinion concurring judgment see ramdass therefore alter interpretation set forth williams aside one opinion criticizing doctrine see yarborough alvarado revisited issue since williams ramdass stretch however repeatedly restated hold ing williams supra decision unreasonable application clearly established precedent correctly identifies governing legal rule applies rule unreasonably facts particular prisoner case see cullen pinholster slip rompilla beard yarborough supra penry johnson thus never adopted rule respondent relies much endorsed majority opinion let alone relied basis granting habeas relief extent rule differs one embraced williams reiterated many times since reject section provides remedy instances state unreasonably applies precedent require state courts extend precedent license federal courts treat failure error see scheidegger corpus relitigation legislative power colum rev thus habeas must extend rationale apply facts hand definition rationale clearly established time decision yarborough aedpa carefully constructed framework undermined habeas courts introduced rules clearly established guise extensions existing law ibid say requires factual pattern legal rule must applied panetti quarterman contrary state courts must reasonably apply rules squarely established holdings facts case knowles mirzayance difference applying rule extending always clear ertain principles fundamental enough new factual permutations arise necessity apply earlier rule beyond doubt yarborough supra critical point relief available clause obvious clearly established rule applies given set facts fairminded disagreement question harrington slip perhaps logical next step carter estelle mitchell hold fifth amendment requires instruction case like one perhaps either way yet taken step reasonable arguments sides kentucky needs prevail aedpa case appropriate time consider question matter first impression direct review habeas case governed kentucky rejection respondent fifth amendment claim objectively unreasonable sixth circuit erred granting writ therefore need reach holding trial putative error harmless judgment appeals reversed case remanded proceedings consistent opinion ordered breyer dissenting randy white warden petitioner robert keith woodall writ certiorari appeals sixth circuit april justice breyer justice ginsburg justice sotomayor join dissenting penalty phase capital murder trial respondent robert woodall asked instruct jury draw adverse inferences failure testify refused kentucky agreed instruction warranted question us whether kentucky courts unreasonably applied clearly established law concluding fifth amendment entitle woodall instruction see view answer yes decisions carter kentucky estelle smith clearly establish criminal defendant entitled requested instruction penalty phase capital trial first consider carter held trial judge constitutional obligation upon proper request give requested instruction order minimize danger jury give evidentiary weight defendant failure testify jury left roam large untutored instincts guide may draw defendant silence broad inferences guilt trial refusal give requested instruction thus exacts impermissible toll full free exercise fifth amendment privilege consider estelle held far protection fifth amendment privilege concerned discern basis distinguish guilt penalty phases defendant capital murder trial state introduced penalty phase defendant compelled statements psychiatrist order show defendant future dangerousness defending admission statements state argued defendant entitled protection fifth amendment statements used determine punishment conviction establish guilt rejected state argument ground fifth amendment applies equally penalty phase guilt phase capital trial unclear resulting law holds case first amendment prohibits congress discriminating based viewpoint holds case fourteenth amendment incorporates first amendment clear first amendment prohibits discriminating based viewpoint logic held carter fifth amendment requires trial judge give requested instruction guilt phase trial held estelle basis distinguishing guilt punishment phases capital trial purposes fifth amendment clear fifth amendment requires judge provide requested instruction penalty phase capital trial ii avoids logic reading estelle narrowly first contends estelle holding fifth amendment applies equally guilt penalty phases mere dictum ante rule essential resolution case binding precedent dictum second apparently alternative majority acknowledges estelle held privilege applies penalty phase concludes estelle said nothing content privilege penalty phase ante emphasis added interpretation estelle ignores rationale reason estelle concluded fifth amendment applies penalty phase capital trial saw basis distinguish guilt penalty phases defendant capital murder trial far protection fifth amendment privilege concerned basis distinguish two contexts fifth amendment purposes basis varying either application content fifth amendment privilege two contexts majority also reads decision mitchell change legal landscape expressly declined mitchell considered whether create exception normal rule criminal case negative inference defendant failure testify permitted refused decline adopt exception sentencing phase criminal case regard factual determinations respecting circumstances details crime ibid mitchell thus reiterated carter estelle already established normal rule fifth amendment protections apply trial sentencing refused adopt exception default rule ibid emphasis added law mitchell remained majority seizes upon limited nature mitchell holding concluding refusing adopt exception normal rule certain factual determinations mitchell suggested inferences matters might permissible penalty phase ante majority seems believe mitchell somehow casts doubt upon whether estelle fifth amendment rule applies matters unrelated circumstances details crime remorse state bear burden proof initial matter mitchell overrule least substantially limit estelle create exception matters unrelated circumstances details crime matters defendant bears burden proof sentencing proceedings particularly capital sentencing proceedings often focus factual matters directly concern facts crime defendant subject flagrant abuse years suffering severe physical mental impairment supportive family remorseful estelle involved compelled statements introduced establish defendant future dangerousness another fact often unrelated circumstances details defendant crime addition typically place burden prove mitigating factors penalty phase defendant reasonable jurist believe mitchell refusing create exception estelle intended undermine case reaffirmed mitchell held simply normal rule estelle applied circumstances particular case holding destabilize settled law beyond reach frequently resist reaching beyond facts case us often say mean throw cases involving factual circumstances legal doubt majority also places undue weight dictum mitchell reserving judgment whether create additional exceptions normal rule estelle carter noted whether silence bears upon determination lack remorse upon acceptance responsibility purposes downward adjustment provided sentencing guidelines separate question us express view dictum says majority suggests inferences including remorse issue woodall case may permissible ante merely reserves question us future case cast doubt legal principles already clearly established often identifies questions answering order clarify question answering express ing view questions squarely us create state uncertainty questions respect mitchell reserved question whether create exception normal rule doubly true normal rule defendant entitled requested instruction penalty phase well guilt phase remained clearly established mitchell iii holding kentucky courts unreasonably apply clearly established law majority declares must extend rationale case order apply rationale clearly established ante read mean simply may fairminded disagreement whether rationale applies certain set facts state unreasonably apply law failing apply rationale agree see harrington richter understand majority suggest reading two legal principles together necessarily extend law proposition entirely inconsistent case law long fairminded jurists conclude two legal rules considered together dictate particular outcome state unreasonably applies law holds otherwise ibid error kentucky committed failing consider together legal principles established carter estelle state confined cases facts held carter apply woodall already pleaded guilty woodall requested instruction penalty phase rather guilt phase trial woodall commonwealth concluded estelle apply estelle jury instruction case kentucky unreasonably failed recognize together carter estelle compel requested instruction penalty phase capital trial reading mitchell rein law contemplation exceptions normal rule unreasonable retraction clearly established law proper failure extend sixth circuit correctly applied clearly established law granting woodall habeas petition affirm respect dissent contrary conclusion footnotes appeals reach alternative ground district decision respondent claim based batson kentucky see claim us appeals also based conclusion respondent entitled receive adverse inference instruction one cases finney rothgerber internal quotation marks omitted improper cautioned sixth circuit two terms ago lower may consul precedents rather assessing habeas claim governed parker matthews per curiam slip courts appeals recognized mitchell left unresolved diverging approaches question illustrate possibility fairminded disagreement compare caro direct appeal noting mitchell reserved question whether silence bears upon lack remorse reasoning estelle mitchell together suggest fifth amendment may well prohibit considering defendant silence regarding nonstatutory aggravating factor lack remorse burr pollard habeas right remain silent persists sentencing silence consistent exercising one constitutional right also lack remorse properly considered sentencing citing mitchell lee crouse habeas circuit courts readily confined mitchell stated holding allowed sentencing courts rely draw inferences defendant exercise fifth amendment rights purposes determining facts offense conviction indeed sixth circuit previously recognized mitchell explicitly limited holding regarding inferences drawn defendant silence facts substantive offense address inferences may drawn defendant silence kennedy direct appeal kennedy upheld mitchell sentencing judge consideration defendant refusal complete psychosexual examination dissent says estelle held far protection fifth amendment concerned basis distinguish guilt penalty phases defendant murder trial post quoting estelle course hold rather held defendant fifth amendment rights abridged state introduction pretrial psychiatric evaluation administered without preliminary warning required miranda arizona event even estelle dictum assume entitlement blanket instruction quoted language reasonably read referring availability fifth amendment privilege sentencing rather precise scope privilege applied sentencing context indeed appears passage responding state argument defendant entitled protection fifth amendment first place