Is a federal court bound by a state finding of fact in a federal appeal?

^39.Woodford v. Visciotti, 537 U.S. 19, 23 (2002) (per curiam) (citing pre-and post- AEDPA authority, and reinstating capital sentence for California prisoner convicted of first-degree murder, attempted murder, and armed robbery).

^40.Sumner v. Mata, 455 U.S. 591, 591-92 (1982) ("28 U.S.C. 2254(d) requires federal courts in habeas proceedings to accord a presumption of correctness to state-court findings of fact"); id. at 592-93 ("the presumption of correctness is equally applicable when a state appellate court, as opposed to a state trial court, makes the finding of fact"); id. at 595 n.5 (noting rule applies to state court findings of fact on direct appeal and in state habeas proceedings).

^41.Jackson v. Brown, 513 F.3d 1057, 1069 (9th Cir. 2008) ("The district court's factual findings are reviewed for clear error. We therefore accept its findings absent a firm conviction that a mistake has been committed." (internal quotations omitted)).