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Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below

by Dale Chappell

The U.S. Court of Appeals for the Ninth Circuit held on November 29, 2019, that evidence obtained by the district court at a hearing on whether state postconviction counsel was ineffective could be used in order to grant habeas corpus relief, despite the ban on evidentiary hearings ...

 

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