Ray
Ray v. Sullivan
Opinion
Trial Court Opinion
DISCUSSION
21 A. Standard of Review 22 This Court may entertain a petition for writ of habeas corpus “in behalf of a person in custody 23 pursuant to the judgment of a State court only on the ground that he is in custody in violation of the 24 Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). 25 The Antiterrorism And Effective Death Penalty Act of 1996 (“AEDPA”) amended § 2254 26 to impose new restrictions on federal habeas review. A petition may not be granted with respect to 27 the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d). “[A] determination of a factual issue made by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence. Id. at § 2254(e)(1). Section 2254(d) generally applies to…