When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference?
MultiRegion, United States of America
The following excerpt is from Kipp v. Davis, 986 F.3d 1281 (Mem) (9th Cir. 2021):
Under AEDPA, when we review "a state court conclusion on a mixed issue involving questions both of fact and law," we "must first separate the legal conclusions from the factual determinations that underlie it." Lambert v. Blodgett , 393 F.3d 943, 97778 (9th Cir. 2004). We must give the fact-finding "the full deference of 2254(d)(2) and (e)(1)," while reviewing "the state court's conclusion as to the ultimate legal issue ... per 2254(d)(1)." Id. at 978.
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