What is the test for habeas corpus relief?

Our decision in Klein v. Harris, 667 F.2d 274 (2d Cir.1981), another case relied on by petitioner, provides another example of a situation where habeas corpus relief is warranted on constitutional grounds. In Klein, the witness who implicated petitioner in a felony murder indicated to defense counsel after testifying that he had lied on the stand due to pressure from the assistant district attorney. Id. at 279. When defense counsel recalled the witness and sought to elicit this testimony, the witness refused on Fifth Amendment grounds to answer any questions relating to his conversation with defense counsel. Over the objection of counsel, the state trial judge upheld the witness' exercise of his Fifth Amendment privilege and further ruled that prior testimony of the witness would not be stricken from the trial record notwithstanding the witness' refusal to answer additional questions.