Does a federal federal judge have jurisdiction to hear a state prisoner's habeas petition?
MultiRegion, United States of America
The following excerpt is from Makarian v. Turnage, 624 F. Supp. 181 (S.D. Cal. 1985):
Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) requires that the district court hold an evidentiary hearing regarding a state prisoner's habeas petition if:
372 U.S. at 313-18, 83 S.Ct. at 757-60. The Townsend criteria generally apply to federal prisoners as well. Kaufman v. United States, 394 U.S. 217, 227, 89 S.Ct. 1068, 1074, 22 L.Ed.2d 227 (1969).
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