The following excerpt is from Caldwell v. Cate, Civil No. 11-cv-2885-MMA (DHB) (S.D. Cal. 2012):
In applying 2254(d)(2), federal courts must defer to reasonable factual determinations made by the state courts, to which a statutory presumption of correctness attaches. 28 U.S.C. 2254(e)(1); see also Schriro v. Landrigan, 550 U.S. 465, 473-74 (2007) ("AEDPA . . . requires federal habeas courts to presume the correctness of state courts' factual findings unless applicants rebut this presumption with 'clear and convincing evidence.'") (quoting 28 U.S.C. 2254(e)(1)).
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