Petition of the day

By Kate Howard
on Oct 4, 2016 at 11:16 pm

The petition of the day is:

Issue: (1) Whether a state court “adjudicat[es] on the merits” a petitioner’s ineffective-assistance-of-counsel claim where it neither considers a material part of the record supporting the claim nor grants a timely request for an evidentiary hearing to develop that claim; and (2) whether a federal court that gives deference to a state court decision under 28 U.S.C. § 2254(d) may hypothesize ways to find important evidence unpersuasive, where the state court’s reasoned decision did not consider that evidence.