Religious Comments of Sentencing Judge Do Not Justify Habeas Relief

In Deyton v. Keller, 2011 U.S. Dist. LEXIS 110631 (WD NC, Sept. 27, 2011), a North Carolina federal district court in a habeas corpus proceeding rejected claims that a state court judge's religious comments made during a sentencing hearing violated the due process rights of defendants who plead guilt to robbing a church. However the court issued a certificate of appealablity to the 4th Circuit.  In handing down a sentence of 53 to 71 years for each defendant, the state trial judge said in part:

Gentlemen, this is just something that can't be tolerated ... there are times when you have to kind of draw the line and you have to say that there are some things that just can't be tolerated by society. I mean you can't just go in a church armed and tie people or hold them at gunpoint, threaten to kill them and rob the collection plate and rob them while they are there in the worship service and expect that the law is not going to come down just about as strongly as it can on you. There is scripture that says "Vengeance is mine sayeth the Lord" but every now and then I think the judicial system has to contribute what it can.