Cite as: 505 U. S. 277 (1992)
O'Connor, J., concurring in judgment
with the federal judge." Id., at 507 (emphasis added; citation omitted). Justice Frankfurter concluded: "The State court cannot have the last say when it, though on fair consideration and what procedurally may be deemed fairness, may have misconceived a federal constitutional right." Id., at 508.
Fifth, Justice Thomas incorrectly states that we have never considered the standard of review to apply to mixed questions of law and fact raised on federal habeas. Ante, at 289. On the contrary, we did so in the very cases cited by Justice Thomas. In Irvin v. Dowd, 366 U. S. 717 (1961), we stated quite clearly that " 'mixed questions or the application of constitutional principles to the facts as found leave the duty of adjudication with the federal judge.' It was, therefore, the duty of the Court of Appeals to independently evaluate [the issue of jury prejudice]." Id., at 723 (quoting Brown v. Allen, supra, at 507 (opinion of Frankfurter, J.)). We then proceeded to employ precisely the same legal analysis as in cases on direct appeal. 366 U. S., at 723-728.
In Townsend v. Sain, 372 U. S. 293 (1963), we again said that "[a]lthough the district judge may, where the state court has reliably found the relevant facts, defer to the state court's findings of fact, he may not defer to its findings of law. It is the district judge's duty to apply the applicable federal law to the state court fact findings independently." Id., at 318.
In Neil v. Biggers, 409 U. S. 188 (1972), we addressed de novo the question whether the state court pretrial identification procedures were unconstitutionally suggestive by using the same standard used in cases on direct appeal: " 'a very substantial likelihood of irreparable misidentification.' " Id., at 198 (quoting Simmons v. United States, 390 U. S. 377, 384 (1968)).
In Brewer v. Williams, 430 U. S. 387 (1977), we reviewed de novo a state court's finding that a defendant had waived his right to counsel. We held that "the question of waiver
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