What is the test for a state court to rule on a motion brought by a plaintiff in her name?
MultiRegion, United States of America
The following excerpt is from Riley v. McDaniel, 786 F.3d 719 (9th Cir. 2015):
Because no state court has adjudicated this claim on the merits, and the state has established no procedural bar to its consideration, the strictures of 28 U.S.C. 2254(d) do not apply, and our review is de novo.5 Pirtle v. Morgan, 313 F.3d 1160, 116768 (9th Cir.2002).
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