Eaton v. Pacheco

(1) Whether a state court has adjudicated the performance prong of a Strickland v. Washington claim on the merits within the meaning of 28 U.S.C. § 2254(d) when the habeas petitioner alleges different performance deficiencies supported by new evidence that fundamentally alters the claim that was presented to the state court; (2) whether 28 U.S.C. § 2254(d)(2) is triggered by unfair state court fact-finding procedures; and (3) whether the appropriate standard of review for a federal habeas petition is waivable by the petitioner.