What is the test for determining whether the facts recited by the state appellate court are correct?
MultiRegion, United States of America
The following excerpt is from Soto v. Biter, No. 2:12-cv-2372-KJM-EFB P (E.D. Cal. 2015):
1. The facts recited by the state appellate court are presumed to be correct where, as here, the petitioner has not rebutted the facts with clear and convincing evidence. 28 U.S.C. 2254(e)(1); Slovik v. Yates, 556 F.3d 747, 749 n.1 (9th Cir. 2009) (as amended).
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