What is the test for a motion for an evidentiary hearing in a habeas case?
MultiRegion, United States of America
The following excerpt is from Lawrence v. Lizzaraga, No. 2:16-cv-0792 GEB AC P (E.D. Cal. 2017):
A habeas petitioner's motion for an evidentiary hearing should be granted when he makes "a good-faith allegation that would, if true, entitle him to equitable tolling." Laws v. Lamarque, 351 F.3d 919, 921 (9th Cir. 2003). However, if the petitioner's claim can be resolved on the existing record, a federal evidentiary hearing is unnecessary. Totten v. Merkle, 137 F.3d 1172,
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