[Download] "Smith v. Sowders" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Sowders
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 07, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Order Upon receipt and consideration of the petition for rehearing filed herein by the petitioner-appellant, the court concludes that rehearing is not required. The petitioner-appellant misconstrues this court's opinion. In his first argument the petitioner-appellant states that this court has overlooked the fact that the state court findings were not entitled to the presumption of correctness. As this court stated in part II A. of the opinion, the magistrate appeared to rely on a presumption of correctness with respect to the state court's conclusions, but this court pointed out that there is no such presumption that applies to conclusions of law. This court accurately analyzed the state court of appeals' decision and did not accord to any conclusions therein a presumption of correctness.