What is the effect of a federal evidentiary hearing on evidence developed at a state court hearing?
MultiRegion, United States of America
The following excerpt is from Jones v. Ryan, 1 F.4th 1179 (9th Cir. 2021):
1 In accordance with our obligation under Cullen v. Pinholster , 563 U.S. 170, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011), to consider only the state court record in conducting our 28 U.S.C. 2254(d) analysis, this recitation of the facts looks only to that record. Evidence developed at the federal evidentiary hearing is included later in the limited contexts where Pinholster does not circumscribe our consideration of such evidence.
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