What is required for a federal evidentiary hearing in a habeas corpus proceeding?
MultiRegion, United States of America
The following excerpt is from Harris v. Vasquez, 949 F.2d 1497 (9th Cir. 1991):
In a habeas corpus proceeding, "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, 312-13, 83 S.Ct. 745, 757, 9 L.Ed.2d 770 (1963). The rule of this circuit, repeatedly stated, is put succinctly as follows:
An evidentiary hearing is mandatory if (1) the petitioner's allegations, if proved, would establish the right to relief; and
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