What is the test for holding an evidentiary hearing for abuse of power?

MultiRegion, United States of America

The following excerpt is from U.S. v. McCurdy (John Scott); U.S. v. McCurdy (Pamela), 980 F.2d 739 (9th Cir. 1992):

We review a district court's decision to conduct an evidentiary hearing for an abuse of discretion. United States v. Mejia, 953 F.2d 461, 465 (9th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1983, 118 L.Ed.2d 581 (1992). "An evidentiary hearing on a motion to suppress ordinarily is required if the moving papers are sufficiently definite, specific, detailed, and nonconjectural to enable to the court to conclude that contested issues of fact" going to the legality of the government's conduct are in issue. United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986). Evidentiary hearings on motions to suppress on voluntariness grounds are required where "substantial facts are in dispute." United States v. Jenkins, 785 F.2d 1387, 1394 (9th Cir.), cert. denied, 479 U.S. 855, 107 S.Ct. 192, 93 L.Ed.2d 125 (1986).

Other Questions


Does a district court abuse its position by failing to remove a juror or hold an evidentiary hearing to determine if she is no longer impartial? (MultiRegion, United States of America)
Is there a clear abuse of evidentiary power in the federal district court's evidentiary rulings? (MultiRegion, United States of America)
What is the test for denying an evidentiary hearing for abuse of power? (MultiRegion, United States of America)
Is a court's decision to grant or deny costs for abuse of abuse of power or abuse of funds to a school? (MultiRegion, United States of America)
Does a district court have any power to refuse to hold an evidentiary hearing? (MultiRegion, United States of America)
Is a district court's decision to deny an evidentiary hearing reviewed for abuse of power? (MultiRegion, United States of America)
What is the test for "abuse of power" in the context of abuse of power? (MultiRegion, United States of America)
Is there an evidentiary hearing for abuse of power? (MultiRegion, United States of America)
Does abuse of review apply in cases involving abuse of abuse of power? (MultiRegion, United States of America)
What are evidentiary rulings made during trial for abuse of abuse of power? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.