The following excerpt is from Hurlbert v. Muniz, Case No. 15cv752 AJB (PCL) (S.D. Cal. 2015):
interests of justice require appointment of counsel when the court conducts an evidentiary hearing on the petition). "In deciding whether to appoint counsel in a habeas proceeding, the district court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).
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