what-constitutes-sufficient-evidence-to-overcome-the-presumption

QUESTION(S) PRESENTED 1. WHAT CONSTITUTES SUFFICIENT EVIDENCE TO OVERCOME THE PRESUMPTION CREATED BY THE CALIFORNIA PENAL CODE SECTION 198.5, WHERE THE STATE COURT'S DECISION IS BASED ON AN UNREASONABLE DETERMINATION OF FACT, AND LAW, IN LIGHT OF THE EVIDENCE PRESENTED IN THE STATE COURT PROCEEDINGS? (28 USC §2254(d)(2)). 2. WHETHER PRELIMINARY HEARING TESTIMONY UNDERLYING AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM (28 USC 2254(d)(1)) (WITHHELD FROM THE JURY BY TRIAL COUNSEL] QUALIFY AS "NEW" EVIDENCE FOR THE PURPOSE OF INVOKING THE SCHLUP ACTUAL-— OF JUSTICE EXCEPTION TO THE STATE PROCEDURAL DEFAULTS AND EXCEPTION TO THE AEDPA'S STATUTE OF LIMITATION; SPECIFICALLY WHERE THE WITHHELD TESTIMONY EVIDENCE IS THE LINCHPIN [EVIDENCE OF THE UNLAWFUL ENTRY INTO THE RESIDENCE] THAT SETS IN MOTION THE WHOLE MACHINERY OF CALIFORNIA PENAL CODE SECTION 198.5? 1 .