What is the test for a state court to reject a prisoner's claim of ineffective assistance of counsel?

MultiRegion, United States of America

The following excerpt is from Runningeagle v. Ryan, 12 Cal. Daily Op. Serv. 8101, 686 F.3d 758 (9th Cir. 2012):

A state court decision will certainly be contrary to our clearly established precedent if the state court applies a rule that contradicts the governing law set forth in our cases. Take, for example, our decision in Strickland v. Washington. If a state court were to reject a prisoner's claim of ineffective assistance of counsel on the grounds that the prisoner had not established by a preponderance of the evidence that the result of his criminal proceeding would have been different, that decision would be [contrary to] our clearly established precedent because we held in Strickland that the prisoner need only demonstrate a reasonable probability that ... the result of the proceeding would have been different.

Other Questions


If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Does a state prisoner have to prove that a state court's ruling on a claim for habeas corpus from a federal court is unenforceable? (MultiRegion, United States of America)
When a state court rejects a federal claim, does the federal court have any authority to review the state's record? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
Can a federal habeas court rule that ineffective assistance was ineffective assistance in a state petition? (MultiRegion, United States of America)
What is the state court adjudication of the ineffective assistance of counsel aspect of claim three? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.