[sections] 2254(d)'s requirement that findings of
faact be reviewed for sufficient evidence.(184) Writing for the majority, Justice O'Connor held that non-deferential review should be applied where 1) as with First Amendment cases, the law is given meaning through its application to particular circumstances; or 2) review compensates for perceived bias by the trier of fact.(185) Plenary review is contraindicated where the finding is primarily based on the determination of the credibility of witnesses.(186) This test was framed as an issue of judicial competence, for "the fact/law distinction at times has turned on a determination that ...