Is a denial of a writ of habeas corpus based on the opinion or citation provided by the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Tacho v. Martinez, 862 F.2d 1376 (9th Cir. 1988):
In Thompson v. Procunier, 539 F.2d 26 (9th Cir.1976), this court developed a presumption that where the state's highest court gives no opinion or citation when dismissing or denying a petition for writ of habeas corpus, it will be presumed that the dismissal or denial was on the merits. This presumption, however, has been substantially narrowed by subsequent decisions.
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