In assessing under section 2254(d)(1) whether the legal conclusion of a state court was contrary to or an unreasonable application of federal law, what is the test for reviewing a state decision?

MultiRegion, United States of America

The following excerpt is from Perez v. Biter, Case No. 1:11-cv-01766-LJO-SKO-HC (E.D. Cal. 2014):

In assessing under section 2254(d)(1) whether the state court's legal conclusion was contrary to or an unreasonable application of federal law, "review... is limited to the record that was before the state court that adjudicated the claim on the merits." Cullen v. Pinholster, 131 S.Ct. at 1398. Evidence introduced in federal court has no bearing on review pursuant to 2254(d)(1). Id. at 1400. Further, 28 U.S.C. 2254(e)(1) provides that in a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, a determination of a factual issue made by a state court shall be presumed to be correct; the petitioner has the burden of producing clear and convincing evidence to rebut the presumption of correctness. A state court decision on the merits based on a factual determination will not be overturned on factual grounds unless it was objectively unreasonable in light of the evidence presented in the state proceedings. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003).

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