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· 9/22/2005

Anderson v. Attorney General KS

Citations

  • 425 F.3d 853
  • 2005 U.S. App. LEXIS 20304
  • 2005 WL 2304966

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that no evidentiary hearing is required if the applicant's allegations are contravened by the existing record
  • holding that no evidentiary hearing is required if the applicant’s allegations are contravened by the existing record
  • recognizing that an evidentiary hearing is not necessary when “[t]he record refutes the claim of ineffective assistance”
  • noting that a district court’s decision to grant or deny an evidentiary hearing in a habeas proceeding is reviewed for an abuse of discretion
  • stating that “an evidentiary hearing is unnecessary if the claim can be resolved on the record”
  • explaining that a habeas petitioner’s factual allegations must be “specific and particularized, not general or conclusory” in order to demonstrate the state court’s findings were unreasonable

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, McKay, Porfilio

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.