Is a defendant entitled to an evidentiary hearing on his allegations that his plea was induced by promises of leniency by law enforcement officers?
MultiRegion, United States of America
The following excerpt is from Purkey v. Maass, 945 F.2d 409 (9th Cir. 1991):
Purkey contends that he is entitled to an evidentiary hearing on his allegations that his plea was induced by promises of leniency by law enforcement officers because the state courts have not ruled on the merits of this claim or made findings regarding the relevant facts. We agree. "A federal evidentiary hearing is required unless the state-court trier of fact has after a full hearing reliably found the relevant facts." Townsend v. Sain, 372 U.S. 293, 312-313 (1963).
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