Is there an evidentiary hearing to determine if a federal claim can be denied on the basis of the state record?
MultiRegion, United States of America
The following excerpt is from Motta v. Beard, Case No.: 3:14-cv-03021-BEN-KSC (S.D. Cal. 2016):
An evidentiary hearing is not necessary where the federal claim can be denied on the basis of the state court record. Campbell v. Wood, 18 F.3d 662, 679 (9th Cir. 1994). And where a petitioner has failed to develop the factual basis of a claim in state court proceedings, he is not entitled to an evidentiary hearing unless he shows that (1) the claim
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