What is a habeas petitioner's right to an evidentiary hearing on an allegation of sexual assault?
MultiRegion, United States of America
The following excerpt is from Jones v. Wood, 114 F.3d 1002 (9th Cir. 1997):
A habeas petitioner is entitled to an evidentiary hearing as a matter of right on a claim where the facts are disputed if two conditions are met: (1) the petitioner's allegations would, if proved, 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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