The following excerpt is from Peavy v. Madden, Case No.: 19cv0743-MMA (BGS) (S.D. Cal. 2020):
Oxborrow v. Eikenberry, 877 F.2d 1395, 1399 (9th Cir. 1989) (holding that a federal habeas court must defer to the state court's construction of state law unless it is "untenable or amounts to a subterfuge to avoid federal review of a constitutional violation.")
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