The following excerpt is from Thomas v. Christensen, 860 F.2d 1089 (9th Cir. 1988):
An evidentiary hearing must be held in response to an habeas corpus petition only when (1) a right to relief would be established if the allegations were proved; and (2) following a full and fair trial, the state court trier of fact did not reliably find the relevant facts. 8 Townsend v. Sain, 372 U.S. 293, 312-13, 83 S.Ct. 745, 747 (1963); Van Pilon v. Reed, 799 F.2d 1332, 1337-38 (9th Cir.1986).
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