Is Correll entitled to an evidentiary hearing on his ineffective assistance of counsel claim?

MultiRegion, United States of America

The following excerpt is from Correll v. Stewart, 137 F.3d 1404 (9th Cir. 1997):

Correll argues the district court should have granted him an evidentiary hearing on his ineffective assistance of counsel claims. To obtain an evidentiary hearing on an ineffective assistance of counsel claim, a habeas petitioner must establish that (1) his allegations, if proven, would constitute a colorable claim, thereby entitling him to relief and (2) the state court trier of fact has not, after a full and fair hearing, reliably found the relevant facts. Jones, 114 F.3d at 1010; Hendricks v. Vasquez, 974 F.2d 1099, 1103 (9th Cir.1992).

In addition, with certain exceptions not germane to this appeal, if the petitioner has failed to develop material facts in state court proceedings, he or she must demonstrate adequate cause for his or her failure and actual prejudice resulting from that failure. Keeney v. Tamayo-Reyes, 504 U.S. 1, 11, 112 S.Ct. 1715, 1721, 118 L.Ed.2d 318 (1992).

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