The following excerpt is from Rosses v. Madden, Case No.: 17-CV-1898-MMA(WVG) (S.D. Cal. 2019):
A claim that has not been adjudicated on the merits in state court is reviewed de novo. Pirtle v. Morgan, 313 F.3d 1160, 1167-68 (9th Cir. 2002). Under such a 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
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(his) detention violates the fundamental liberties of the person, safeguarded against state action by the Federal Constitution." Hayes v. Brown, 399 F.3d 972, 978 (9th Cir. 2005) (en banc).
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