Robert L. Moore v. Noah Nagy, Warden
DueProcess HabeasCorpus
Where a state court denies a person the opportunity to establish the necessary factual record to support a claim of ineffective assistance of counsel, is the state court decision still considered an adjudication on the merits? If not, is the federal review de novo?
QUESTIONS PRESENTED lL. WHERE A STATE COURT DENIES A PERSON THE OPPORTUNITY TO ESTABLISH THE NECESSARY FACTUAL RECORD TO SUPPORT A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL. 1S THE STATE COURT DECISION STILL CONSIDERED AN ADJUDICATION ON THE MERITS? IF NOT, IS THE FEDERAL REVIEW DE NOVO? , ff. WHERE A STATE COURT ADDRESSES A_ CONSTITUTIONAL CLAIM ON THE MERITS, BUT UNREASONABLY DETERMINES THE FACTS. IS IT NECESSARY TO SHOW BY CLEAR AND CONVINCING: EVIDENCE UNDER 28 U.S.C. §2254 (e)(1) REQUIREMENTS, PRIOR TO RELIEF BEING GRANTED UNDER 28 U.S.C. 82254 (d)(2)?