Matter of Personal Restraint of Rice

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 purpose of a reference hearing is to resolve genuine factual disputes.”
• to obtain a reference hearing, “petitioner must demonstrate that he has competent, admissible evidence to establish the facts [alleged]” based on “affidavits” containing admissible evidence
• evidence is material only if there is a reasonable probability that, had it been disclosed, the result of the proceeding would have been different
• evidence is material only if there is a reasonable probability that, had it been disclosed, the result of the proceeding would have been different
• “If the petitioner’s evidence is based on knowledge in the possession of others, he . . . must present their affidavits or other corroborative evidence.”
• “[T]he purpose of a reference hearing is to resolve genuine factual disputes, not to determine whether the petitioner actually has evidence to support his allegations.”

Source: CourtListener parenthetical corpus (CC0).