What is the test for overturning a conviction and sentence in a criminal case?
MultiRegion, United States of America
The following excerpt is from Hayes v. Brown, 399 F.3d 972 (9th Cir. 2005):
On habeas review, state court judgments of conviction and sentence carry a presumption of finality and legality and may be set aside only when a state prisoner carries his burden of proving that [his] detention violates the fundamental liberties of the person, safeguarded against state action by the Federal Constitution.
McKenzie v. McCormick, 27 F.3d 1415, 1418 (9th Cir.1994) (citation and quotation marks omitted).
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