What is the legal test for determining whether a claim has been adjudicated "on the merits" by a state court for purposes of Section 2254(d)(1) of the Federal Trade Commission?
MultiRegion, United States of America
The following excerpt is from Ponnapula v. Spitzer, 297 F.3d 172 (2nd Cir. 2002):
In Sellan v. Kuhlman, we set forth a three-factor test that federal courts should follow in determining whether a federal claim has been adjudicated "on the merits" by the state court for purposes of 2254(d)(1). 261 F.3d at 314. The federal courts are directed to consider:
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