Is there any case law or case law that supports the argument that an evidentiary hearing was improperly denied?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nielsen, 127 F.3d 1107 (9th Cir. 1997):
Finally, Nielsen contends that the district court improperly denied his request for an evidentiary hearing. Because the record before the district court conclusively demonstrated that Nielsen was not entitled to relief, the district court did not abuse its discretion in denying Nielsen's request for an evidentiary hearing. See 28 U.S.C. 2255 (1994); see Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law that supports the argument that a plaintiff is entitled to be denied a hearing by the Court of Appeal? (MultiRegion, United States of America)
What is the test for denying a district court's decision to deny an evidentiary hearing for an abuse of the writ? (MultiRegion, United States of America)
What is the evidentiary test for denying a motion for motion to compel a judge to conduct an evidentiary hearing? (MultiRegion, United States of America)
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction? (MultiRegion, United States of America)
Is there any case law that supports the argument that administrative segregation violated a person's right to a hearing? (MultiRegion, United States of America)
What is the test for denying a motion to have a full-blown evidentiary hearing? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Can a motion under Rule 11 of the Criminal Code be denied on the merits without an evidentiary hearing? (MultiRegion, United States of America)
How have the courts treated counsel's arguments at an evidentiary hearing? (MultiRegion, United States of America)
In what circumstances will a defendant be denied relief under section 2255 of the Criminal Code for failing to provide an evidentiary hearing? (MultiRegion, United States of America)
