Presently before the court is a petition for writ of habeas corpus (Doc. 1) in which petitioner, Darrell Wayne Breighner (“Breighner”), asserts that the Superior Court of Pennsylvania acted unreasonably in finding sufficient evidence to support his conviction for arson. Resolution of this issue requires the court to determine whether recent amendments to the federal habeas statute, 28 U.S.C. § 2254, mandate that federal courts accord a “presumption of correctness” to factual findings of a state court when the state court has previously considered and rejected the petitioner’s claims for relief. For the reasons that follow, the court holds that the presumption of correctness does not apply in such cases.
With respect to the merits, petitioner’s assertions of constitutional error by the state court are unavailing. Consequently, the court will deny petitioner his requested relief.