What is the legal test for a motion of habeas?
MultiRegion, United States of America
The following excerpt is from Anderson v. Gipson, No. 2:12-cv-2964 KJN P (E.D. Cal. 2014):
In habeas, the factual determinations of the state court following the evidentiary hearing are presumed to be correct. 28 U.S.C. 2254(e)(1). The burden is on the petitioner to rebut the presumption by clear and convincing evidence. Id.; see Sophanthavong v. Palmateer, 378 F.3d
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