Does the policy considerations militate against the panel majority's view that a Townsend hearing was necessary to determine if the state court had properly decided that no Fourth Amendment claim had been made?

8 These same policy considerations militate against the panel majority's view that a Townsend hearing was necessary to determine if the state court had properly decided that no Fourth Amendment claim had been made. The panel opinion was critical of the conduct of the trial judge in overruling appellant's objections without articulation of reasons as well as the state appellate court's alleged unawareness or decision to ignore the appellant's constitutional claim. On this point, the observation of the Chief Justice in Estelle v. Williams, supra, is enlightening.