What is the test for establishing that a party to a motion has a valid claim against the petitioner in a civil case?
MultiRegion, United States of America
The following excerpt is from Blair v. Madden, No. 2:14-cv-02161-JKS (E.D. Cal. 2016):
findings of fact are presumed to be correct unless the petitioner rebuts this presumption by clear and convincing evidence. 28 U.S.C. 2254(e)(1); Miller-El v. Cockrell, 537 U.S. 322, 340 (2003).
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