Kimbrough v. Neal

Dist. Ct. erred in granting defendant’s habeas petition that challenged his 80-year sentence on child molestation charges, even though defendant asserted that his appellate counsel was ineffective for failing to object to his sentence under Indiana Appellate Rule 7(B). Indiana Court of Appeals rejected defendant’s ineffective assistance of counsel claim, after finding that defendant had failed to show that his sentence was inappropriate under Rule 7(B), and Dist. Ct. was bound by Indiana Court of Appeals holding, which pertained to resolution of purely state law question. As such, defendant failed to show how Indiana Court of Appeals had unreasonably applied federal law so as to support his federal habeas petition.