· 9/10/2012
Kenneth Hibbler v. James Benedetti
Citations
- 693 F.3d 1140
- 2012 U.S. App. LEXIS 18971
- 2012 WL 3937215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the question is “ ‘not whether a federal court believes the state court’s determination was incorrect but whether that determination was unreasonable—a substantially higher threshold.’ ”
- holding that a state court need not “conduct an evidentiary hearing to resolve every disputed factual question” and that an evidentiary hearing is unnecessary where the record precludes relief
- concluding, after reviewing the evidence presented in state court, that the state court’s determination was not unreasonable
- concluding, after reviewing the evidence presented in state court, that the state court’s determination was not unreasonable
- explaining that while “[i]n some limited circumstances, . . . the state court’s failure to hold an evidentiary hearing may render its fact-finding process unreasonable under § 2254(d)(2
- noting that, “if a district court would be within its discretion in denying an evidentiary hearing, a state STATEN V. DAVIS 27 court’s similar decision is probably not objectively unreasonable”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Rawlinson, Ikuta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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