Section 42 Full and Fair Hearing

LibraryRemedies 2006

With the enactment of the AEDPA, a federal court cannot grant habeas relief with respect to a claim adjudicated on the merits in the state courts—either at trial or on appeal—unless the state court decision:

  • is contrary to or involves an unreasonable application of clearly established federal law as determined by the United States Supreme Court; or
  • is based on an unreasonable determination of the facts in light of the evidence presented in the state proceeding

28 U.S.C. § 2254(d).

A federal habeas...

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