What is the test for section 2254(e)(2) of the US Constitution when it comes to determining whether an evidentiary hearing is necessary?
MultiRegion, United States of America
The following excerpt is from Olivera-Beritan v. Asuncion, Case No.: 3:16-cv-2646-CAB-(PCL) (S.D. Cal. 2018):
Section 2254(e) "substantially restricts the district court's discretion to grant an evidentiary hearing." Baja v. Ducharme, 187 F.3d 1075, 1077 (9th Cir. 1999). It provides:
28 U.S.C. 2254(e)(2).
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