Wright v. West, 505 U.S. 277, 18 (1992)

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294

WRIGHT v. WEST

Opinion of Thomas, J.

In light of these principles, petitioners ask that we reconsider our statement in Miller v. Fenton that mixed constitutional questions are "subject to plenary federal review" on habeas, 474 U. S., at 112. By its terms, Teague itself is not directly controlling, because West sought federal habeas relief under Jackson, which was decided a year before his conviction became final on direct review. Nonetheless, petitioners contend, the logic of Teague makes our statement in Miller untenable. Petitioners argue that if deferential review for reasonableness strikes an appropriate balance with respect to purely legal claims, then it must strike an appropriate balance with respect to mixed questions as well. Moreover, they note that under the habeas statute itself, a state-court determination of a purely factual question must be "presumed correct," and can be overcome only by "convincing evidence," unless one of eight statutorily enumerated exceptions is present. 28 U. S. C. § 2254(d). It makes no sense, petitioners assert, for a habeas court generally to review factual determinations and legal determinations defer-entially, but to review applications of law to fact de novo. Finally, petitioners find the prospect of deferential review for mixed questions at least implicit in our recent statement that Teague concerns are fully implicated "by the application of an old rule in a manner that was not dictated by precedent." Stringer v. Black, 503 U. S. 222, 228 (1992) (emphasis added). For these reasons, petitioners invite us to reaffirm that a habeas judge need not—and indeed may not—"shut his eyes" entirely to state-court applications of law to fact. Brown v. Allen, 344 U. S., at 508 (opinion of Frankfurter, J.). West develops two principal counterarguments: first, that Congress implicitly codified a de novo standard with respect to mixed constitutional questions when it amended the habeas statute in 1966; and second, that

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