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White v. Rice

Petition for certiorari denied on June 11, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1262 6th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Whether, in federal habeas review, a state court’s selection of one reasonable reading of the record over another can constitute an “unreasonable determination of the facts” under 28 U.S.C. § 2254(d)(2); and (2) whether 28 U.S.C. § 2254(e)(1)’s command that a habeas petitioner must overcome the presumption of correctness of a state factual determination with clear and convincing evidence fits with 28 U.S.C. § 2254(d)(2)’s bar of federal habeas relief on a state court merits adjudication unless the decision was “based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding.”

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