Cite as: 516 U. S. 99 (1995)
Opinion of the Court
Nov. 2, 1966, Pub. L. 89-711, 80 Stat. 1105-1106, received the Court's close attention in Miller v. Fenton, 474 U. S. 104 (1985). As the Miller Court observed, § 2254(d) "was an almost verbatim codification of the standards delineated in Townsend v. Sain, 372 U. S. 293 (1963), for determining when a district court must hold an evidentiary hearing before acting on a habeas petition." Miller, 474 U. S., at 111.7 Townsend counseled that, if the habeas petitioner has had in state court "a full and fair hearing . . . resulting in reliable findings," the federal court "ordinarily should . . . accept the facts as found" by the state tribunal. 372 U. S., at 318. Section 2254(d) essentially "elevated [the Townsend Court's] exhortation into a mandatory presumption of correctness." Miller, 474 U. S., at 111-112; see also id., at 112 (emphasizing respect appropriately accorded "a coequal state judiciary" and citing Culombe v. Connecticut, 367 U. S. 568, 605 (1961) (opinion of Frankfurter, J.)).
Just as Townsend's instruction on the respect appropriately accorded state-court factfindings is now captured in the § 2254(d) presumption, so we have adhered to Townsend's definition of the § 2254(d) term "factual issue." 8 The Townsend Court explained that by " 'issues of fact,' " it meant
support such factual determination, the burden shall rest upon the applicant to establish by convincing evidence that the factual determination by the State court was erroneous."
7 The list of circumstances warranting an evidentiary hearing in a federal habeas proceeding set out in H. R. Rep. No. 1384, 88th Cong., 2d Sess., 25 (1964), is similar to the list set out in Townsend v. Sain, 372 U. S. 293, 313 (1963). The legislative history further indicates that the House Judiciary Committee, in framing its recommendations, was mindful of the Court's recent precedent, including Townsend. H. R. Rep. No. 1384, supra, at 24-25. See also 1 J. Liebman & R. Hertz, Federal Habeas Corpus Practice and Procedure § 20.1a, pp. 537-538 (2d ed. 1994) (description of interplay between habeas statute and Townsend).
8 Keeney v. Tamayo-Reyes, 504 U. S. 1 (1992), partially overruled Townsend on a point not relevant here; Keeney held that a "cause-and-prejudice" standard, rather than the "deliberate by-pass" standard, is the correct standard for excusing a habeas petitioner's failure to develop a material fact in state-court proceedings. 504 U. S., at 5-6.
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