When an issue before a state court is resolved by an assumption of fact, as opposed to a factual finding, has the issue before the state court been 'adjudicated on the merits' within the meaning of 28 U.S.C. §2254?

Questions Presented 1. | When an issue before a state court is resolved by an assumption of fact, as opposed to a factual finding, has the issue before the state court been “adjudicated on the merits” within the meaning of 28 U.S.C. §2254? 2. Is it clearly established by Federal law, as determined by this Court, that the presumption of innocence stays with a defendant in a criminal case throughout the trial process until a guilty verdict is returned? 1 Volume I