In a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, what is the burden of proving that a finding made by the state is correct?
MultiRegion, United States of America
The following excerpt is from Lucero v. Holland, Case No. 1:10-cv-01714-AWI-SKO-HC (E.D. Cal. 2014):
In a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, a determination of a factual issue made by a state court shall be presumed to be correct; the petitioner has the burden of producing clear and convincing evidence to rebut the presumption of correctness. 28 U.S.C. 2254(e)(1); Sanders v. Lamarque, 357 F.3d 943, 947-48 (9th Cir. 2004). This presumption applies to a statement of facts drawn from a state
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