What is the test for holding an evidentiary hearing on a habeas petition?
MultiRegion, United States of America
The following excerpt is from Foust v. Calderon, 17 F.3d 394 (9th Cir. 1993):
The district court must hold an evidentiary hearing on a habeas petition only if (1) the petitioner's allegations, if proven, would establish a right to relief, and (2) the state court has not reliably found the relevant facts after a full and fair hearing. Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990), cert. denied, 498 U.S. U.S. 1091 (1991).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for holding an evidentiary hearing in response to a habeas corpus petition? (MultiRegion, United States of America)
Is a district court's refusal to grant an evidentiary hearing on issues raised in a petition for writ of habeas corpus reviewed for abuse of discretion? (MultiRegion, United States of America)
Can a habeas petition be denied without an evidentiary hearing? (MultiRegion, United States of America)
What is the standard of evidentiary hearing in a federal habeas petition? (MultiRegion, United States of America)
Is there an evidentiary hearing to determine whether there is sufficient evidence to hold a hearing? (MultiRegion, United States of America)
Does a judge have err in declining to hold an evidentiary hearing? (MultiRegion, United States of America)
Does a court have jurisdiction to hear a habeas corpus petition? (MultiRegion, United States of America)
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Does a motion to amend a habeas petition need to be heard before the next hearing? (MultiRegion, United States of America)
