Does a federal district court have to accept as true the factual statement of a state appellate court?

MultiRegion, United States of America

The following excerpt is from Thomas v. Craven, 473 F.2d 1235 (9th Cir. 1973):

Reasoning that 28 U.S.C. 2254(d) required it to accept as true the state appellate court's factual statement, the district court declined to conduct an evidentiary hearing and denied the petition. In interpreting section 2254(d) in this fashion, the district court erred. As we recently observed, "that section provides no basis for avoiding an evidentiary hearing on disputed questions of fact by relying on factual statements contained in a state appellate opinion." Hill v. Nelson, 466 F.2d 1346, 1348 (9th Cir. 1972).

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