Is there a need for a plenary hearing to determine whether a prisoner is entitled to no relief in a federal habeas corpus proceeding?

MultiRegion, United States of America

The following excerpt is from Boyden v. Webb, 208 F.2d 201 (9th Cir. 1953):

Where, as here, the application for the writ and the facts as found by the state court show that a prisoner is entitled to no relief in a federal habeas corpus proceeding, there is no need for the district court to hold a plenary hearing. Brown v. Allen, supra; 28 U.S.C. 2243.

The judgment of the district court is affirmed.

Other Questions


Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
Can a claim for federal habeas corpus relief be made against a determination of state law that violates federal due process rights? (MultiRegion, United States of America)
What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
What is required for a federal evidentiary hearing in a habeas corpus proceeding? (MultiRegion, United States of America)
Can a federal court dismiss a state prisoner's federal habeas corpus petition on statute limitations grounds? (MultiRegion, United States of America)
Is a pro se inmate entitled to use the prison mailbox rule in determining the constructive filing date of his state and federal habeas petitions? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.