Can a federal habeas court rule that ineffective assistance was ineffective assistance in a state petition?

MultiRegion, United States of America

The following excerpt is from Hernandez v. Warden, Case No.: 1:11-cv-00231-LJO-JLT (E.D. Cal. 2015):

Petitioner first raised the issue of ineffective assistance in his state petition in the 5th DCA and repeated his contention again in the state supreme court. Both appellate courts summarily denied the claim without issuing a reasoned decision for the denial. When a state court decision on a petitioner's claims rejects some claims but does not expressly address a federal claim, a federal habeas court must presume, subject to rebuttal, that the federal claim was adjudicated on the merits. Johnson v. Williams,

Page 10

U.S. , , 133 S.Ct. 1088, 1091 (2013).

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