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White v. Rice

Certiorari Denied

Petition for certiorari denied on June 11, 2012.

Docket No.11-1262
Op. Below6th Cir.

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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