Does a state court need to hold an evidentiary hearing to resolve every disputed factual question?

MultiRegion, United States of America

The following excerpt is from Flores v. Sullivan, 20-55817 (9th Cir. 2021):

2. The state trial court did not need to hold an evidentiary hearing because the record contained enough facts to adjudicate the petition. See Hibbler v. Benedetti, 693 F.3d 1140, 1147 (9th Cir. 2012) ("[W]e have never held that a state court must conduct an evidentiary hearing to resolve every disputed factual question . . .").

Other Questions


What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
What is the effect of a federal evidentiary hearing on evidence developed at a state court hearing? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to remand a state claim to the state court from which it was removed? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
When will a federal district court order that a state-law issue be decided by the state courts? (MultiRegion, United States of America)
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.