The opinion seems fine, except that it does not make the point that you considered significant with respect to the effects of counsel's tactics on his client. Whether a footnote (possibly an addition to n.6) would be appropriate, I don't know. It might read: "Petitioner's claims, whatever their merit, might have been vindicated more speedily if he had sought habeas relief in the state courts rather than following the federal route.But the wisdom of that choice, whether made by him or his counsel, is not part of this case." I would recommend against including it, however.
Blumenthal, R. Preliminary Memorandum, Francisco v. Gathright, 419 U.S. 59 (1974). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.