Is a state trial court's determination that a defendant knowingly and intelligently waived his Miranda rights entitled to a presumption of correctness pursuant to section 2254(d)?
MultiRegion, United States of America
The following excerpt is from Brown v. Estelle, 953 F.2d 1386 (9th Cir. 1992):
"In the context of collateral review, 'a state trial court's determination that a defendant knowingly and intelligently waived his Miranda rights is entitled to a presumption of correctness pursuant to section 2254(d).' " Collazo v. Estelle, 940 F.2d 411, 416 (9th Cir.1991) (en banc) (quotation omitted).
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