What is the test for determining whether a defendant has a right to an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from Lopez v. Brewer, D.C. No. 2:12-cv-00245-NVW, No. 12-16084 (9th Cir. 2012):
dentiary hearing was not required or warranted, and the district court did not abuse its discretion in so concluding. See Silva v. Woodford, 279 F.3d 825, 833 (9th Cir. 2002) (noting that an evidentiary hearing is required where a defendant's "allegations, if proved, would establish the right to relief.").
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