When will a federal judge order an evidentiary hearing to develop a full factual record on remand?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tompkins, 623 F.2d 824 (2nd Cir. 1980):
5 In United States v. Aulet, 618 F.2d 182 (2d Cir. 1980), we noted the desirability of permitting a district judge to hold an evidentiary hearing to develop a full factual record on remand rather than on collateral review. Aulet, of course, concerned ineffective assistance of counsel, not waiver of the right to counsel.
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