What is the test for denying an evidentiary hearing in a habeas corpus case?
MultiRegion, United States of America
The following excerpt is from Goldstein v. Bennel, 900 F.2d 262 (9th Cir. 1990):
"A habeas corpus petitioner is entitled to an evidentiary hearing if he has alleged facts which, if proven, would entitle him to relief and he did not receive a full and fair evidentiary hearing in a state court." Id. The decision to deny an evidentiary hearing is reviewed for abuse of discretion. United States v. Watts, 841 F.2d 275, 177 (9th Cir.1988).
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