The following excerpt is from OSBORN V. BELLEQUE, D.C. No. 1:05-CV-01196-CL, No. 08-35631 (9th Cir. 2010):
The state court did not simply conclude that there were no mitigating witnesses; it determined there were no mitigating witnesses who could have affected the outcome of the sentencing proceeding. That determination was not unreasonable given the family witnesses' redundant testimony and the overwhelming evidence against mitigation. See Taylor v. Maddox, 366 F.3d 992, 999 (9th Cir.), cert. denied, 543 U.S. 1038 (2004) ("[A] federal court may not second-guess a state court's fact-finding process unless... it determines that the state court was not merely wrong, but actually unreasonable."); 28 U.S.C. 2254(e)(1).
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