The following excerpt is from Johnson v. Soto, No. 2:12-cv-2887 MCE DAD P (E.D. Cal. 2015):
it would, if presented to th[e] [Supreme] Court, be accepted as correct. Id. Further, where courts of appeals have diverged in their treatment of an issue, it cannot be said that there is "clearly established Federal law" governing that issue. Carey v. Musladin, 549 U.S. 70, 77 (2006).
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