What is required for an evidentiary hearing in a motion for personal injury relief?

An evidentiary hearing is required if a defendant's allegations are based on facts outside the record, unless the motion, files, and record conclusively show that the petitioner is entitled to no relief. Doganiere v. United States, 914 F.2d 165, 168 (9th Cir.1990), cert. denied, 499 U.S. 940 (1991); Shah v. United States, 878 F.2d 1156, 1158 (9th Cir.), cert. denied, 493 U.S. 869 (1989). "We have also held that rather than conduct a hearing, courts may use discovery or documentary evidence to expand the record." Shah, 878 F.2d at 1159. In addition, judges may use their own notes and recollections to supplement the record. Id.

A. Conflict of Interest