Does AEDPA require federal habeas courts to presume the correctness of factual findings from state courts?
MultiRegion, United States of America
The following excerpt is from Henry v. Cate, CASE NO. 12cv2009-MMA(KSC) (S.D. Cal. 2014):
"AEDPA also requires federal habeas courts to presume the correctness of state courts' factual findings unless applicants rebut this presumption with 'clear and convincing evidence.' 2254(e)(1)." Schriro v. Landrigan, 550 U.S. 465, 473-474 (2007). In addition, Section 2254(e)(2) restricts the discretion of federal habeas courts
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to grant an evidentiary hearing. 28 U.S.C. 2254(e)(2). Section 2254(e)(2) states as follows:
28 U.S.C.A. 2254(e)(2).
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