Is Smith entitled to an evidentiary hearing in federal court?
MultiRegion, United States of America
The following excerpt is from Smith v. Stewart, 241 F.3d 1191 (9th Cir. 2001):
has never been given the opportunity to develop a factual record on that claim, is entitled to an evidentiary hearing in federal court." Siripongs v. Calderon, 35 F.3d 1308, 1310 (9th Cir. 1994).7 No court has given Smith an opportunity to develop a factual record on his Sixth Amendment claim.
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