What is the test for a motion to withdraw from a federal habeas?
MultiRegion, United States of America
The following excerpt is from Laws v. Paramo, No. 1:13-cv-01546-SKO HC (E.D. Cal. 2016):
The trial court rejected the hearing testimony and denied the motion to withdraw. Petitioner provided no evidence, in either the state habeas proceedings or in the medical records presented to supplement his federal petition, to overcome the presumption that the trial court's factual findings were correct. Iaea v. Sunn, 800 F.2d 861, 864 (9th Cir. 1986).
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