What is the test for a pro se petition for writ of habeas under the Antiterrorism and Effective Death Penalty Act?

MultiRegion, United States of America

The following excerpt is from Strunk v. Gastelo, Case No.: 18-cv-1679-H-JLB (S.D. Cal. 2019):

This petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. 2254 ("AEDPA"). Under AEDPA, a federal court may not grant a habeas petition regarding any claim adjudicated on the merits in state court unless that adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of clearly established federal law; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented at the state court proceeding. 28 U.S.C. 2254(d)(1)-(2); Early v. Packer, 537 U.S. 3, 8 (2002). This standard is "highly deferential" and "demands that state-court decisions be given the benefit of the doubt." Cullen v. Pinholster, 563 U.S. 170, 181 (2011) (citations and quotation marks omitted). Moreover, "[t]he petitioner carries the burden of proof," id., though a pro se petition for writ of habeas is construed liberally. Brock v. Weston, 31 F.3d 887, 890 (9th Cir. 1994).

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