Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility
HabeasCorpus
Whether a state court's denial of a hearing on an ineffective assistance of counsel claim can amount to an unreasonable determination of facts under AEDPA or is merely a procedural state law error
Whether a state court ’s denial of a hearing on an ineffective assistance of counsel claim, when such a hearing is required by state statute, can amount to an unreasonable determination of the facts in light of the evidence presented, which is sufficient to overcome the deference accorded to state court fact-finding under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA ”), 28 U.S.C. § 2254(d)(2), or instead it is a procedural error under state law, which is not cognizable on habeas review, as the Second Circuit held below in Englert v. Lowerre, 115 F.4th 69, 89 (2d Cir. 2024), contrary to the precedents of this Court and other circuits? l