The following excerpt is from Villasenor v. Spearman, No. 2:16-cv-03044-JAM-CKD (HC) (E.D. Cal. 2020):
8. Even assuming that petitioner were to argue that his brother's trial testimony was not credible, which he does not, the credibility of a trial witness is a factual determination that is entitled to a presumption of correctness on federal habeas review unless it is rebutted by clear and convincing evidence. See 28 U.S.C. 2254(e)(1); Schlup v. Delo, 513 U.S. 298, 330 (1995) (recognizing that a credibility determination made by a jury "is generally beyond the scope [of federal habeas] review").
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.