What is the test for granting a writ of habeas corpus de novo?
MultiRegion, United States of America
The following excerpt is from Johnson v. Gonyea, No. 17-3794-pr (2nd Cir. 2018):
"We review the district court's grant of an application for a writ of habeas corpus de novo, and its underlying findings of fact for clear error." Cardoza v. Rock, 731 F.3d 169, 177 (2d Cir. 2013) (internal citations omitted). Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), "when a state court adjudicates a petitioner's habeas claim on the merits, a
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