What is the test for determining whether a state or federal court is bound by law when the facts are wrong?
MultiRegion, United States of America
The following excerpt is from Martin v. Cate, No. 2:10-cv-00590-JKS (E.D. Cal. 2012):
23. 28 U.S.C. 2254(e)(1); see also Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) ("Factual determinations by state courts are presumed correct absent clear and convincing evidence to the contrary . . . ." (citing 28 U.S.C. 2254(e)(1))).
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