Section 2254(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996
('"AEDPA") requires federal courts to presume that state court factual findings are correct unless
rebutted by clear and convincing evidence. After AEDPA was adopted, this Court held in House
v. Bell, 547 U.S. 518, 539 (2006), and McQuiggin v. Perkins, 569 U.S. 383, 396-97 (2013), that
the Schlup actual innocence gateway survived the passage of AEDPA when a first federal habeas
petition is brought seeking consideration of defaulted claims based on a showing of actual
innocence. This petition presents three questions related to § 2254(e)(1) and this Court's actual
innocence gateway precedent:

1. Whether the presumption of correctness under § 2254(e)(1) requires a determination on a
factual issue by a state court or whether merely presenting a factual issue to a state court
is sufficient.

2. Whether a federal court should accord a state court decision a presumption of correctness
under § 2254(e)(1) where a due process violation denied the state court an effective
opportunity to hear the underlying factual issue.

3. Whether deference under § 2254(e)(1) is owed by a federal court considering the Schlup
actual innocence gateway to state court findings of fact given that § 2254(e)(1) heightens
the burden on petitioner to overcome the state court findings by clear and convincing
evidence when the Schlup gateway standard requires only a preponderance.

Whether the presumption of correctness under § 2254(e)(1) requires a determination on a factual issue by a state court or whether merely presenting a factual issue to a state court is sufficient