Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review?
MultiRegion, United States of America
The following excerpt is from Kelley v. Wofford, Case No. 1:13-cv-01313-SAB-HC (E.D. Cal. 2014):
state court factual finding is not entitled to deference if the relevant state court record is unavailable for the federal court to review. Townsend v. Sain, 372 U.S. 293, 319 (1963), overruled by, Keeney v. Tamayo-Reyes, 504 U.S. 1 (1992).
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