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
The following excerpt is from Amado v. Gonzalez, D.C. No. 2:03-cv-00078-PA-E, No. 11-56420 (9th Cir. 2013):
28 U.S.C. 2254(d). In contrast, if a claim was not "adjudicated on the merits" in state court, the review is de novo. Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir. 2002). If a federal claim was presented to the state court and the state court denied all relief, "it may be presumed that the state court
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