What is the test for dismissing a motion for a retrial on a charge of sexual assault against an alleged sexual offender?

If a petitioner's allegations are completely outside the record, ³ or are merely rebutted by recorded statements of the judge ⁴ or counsel, ⁵ the facts are in issue and a hearing is ordinarily required. This is so because, even though a petitioner's allegations concerning 'the voluntariness of his confession may be baseless . . . we are obliged to treat them as true' if we are to dismiss the petition without calling for a return and without a hearing. Bell v. Alabama, 367 F.2d 243, 246 (5th Cir. 1966).