Robert L. Moore v. Noah Nagy, Warden
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?
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. §2254 (d)(2)?
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?