Hoffman v. Cain

(1) Whether, when evaluating if a state court"s decision is based upon an unreasonable determination of the facts in light of the evidence before the state court under 28 " U.S.C. 2254(d)(2), the clear and convincing standard of Section 2254(e)(1) governs the determination of unreasonableness; (2) whether the state court decision, finding no deficient performance, constituted an unreasonable application of Strickland v. Washington under Section 2254(d)(1); and (3) whether the lower court misapplied Harrington v. Richter to preclude de novo review where there was uncontested evidence sufficient to rebut the Richter presumption and both parties agreed that the claims were not adjudicated by the state court.