The following excerpt is from Burciaga v. Biter, Case No. 1:12-cv-00258-LJO-SKO-HC (E.D. Cal. 2015):
79 (9th Cir. 1990). Even though a petitioner may contend the state court's factual findings concerning a search are not supported by the evidence, a petitioner has nevertheless been provided a full and fair opportunity to litigate his search claim where the validity of the search was raised in a pre-trial motion, the trial court held a hearing on the issue at which the petitioner was permitted to present evidence and examine witnesses, the trial court made a factual finding, and there was judicial review of the trial court's decision. Moormann v. Schriro, 426 F.3d 1044, 1053 (9th Cir. 2005).
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