What is the test for habeas corpus relief?
MultiRegion, United States of America
The following excerpt is from U.S. ex rel. Regina v. Lavallee, 504 F.2d 580 (2nd Cir. 1975):
Appellants then commenced this habeas corpus proceeding, relying on Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). The district court denied relief on the grounds that under 28 U.S.C. 2254(d) (1970) it had to presume that the state court's finding was correct, and that the alleged promise, even if it had been made, was not sufficiently material to warrant a new trial. We affirm.
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