What is the burden of rebutting the presumption of correctness in civil litigation?
MultiRegion, United States of America
The following excerpt is from Martinez v. Gonzalez, Case No.: 17-cv-1760-WQH-AGS (S.D. Cal. 2019):
proceedings); see also 28 U.S.C. 2254(e)(1) ("The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence."); Parke v. Raley, 506 U.S. 20, 35 (1992) (holding that findings of historical fact, including inferences properly drawn from those facts, are entitled to statutory presumption of correctness).
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