· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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