What is a habeas petitioner entitled to an evidentiary hearing on a claim?
MultiRegion, United States of America
The following excerpt is from Cunningham v. Wood, 69 F.3d 543 (9th Cir. 1995):
"A habeas petitioner is entitled to an evidentiary hearing on a claim if (1) the petitioner's allegations, if proved, would entitle him to relief, and (2) the state court trier of fact has not, after a full and fair hearing, reliably found the relevant facts." Hendricks v. Vasquez, 974 F.2d 1099, 1103 (9th Cir.1992).
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