Fifth Circuit· 5/15/1998

McDonald v. Johnson

Citations

139 F.3d 1056
1998 WL 197757

How courts have described this case

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

holding that “á petitioner cannot be said to have ‘failed to develop’ a factual basis for his claim unless the undeveloped record is a result of his own decision or omission”
holding that “a petitioner cannot be said to have ‘failed to develop’ a factual basis for his claim unless the undeveloped record is a result of his own decision or omission”
stating that expansion of the record is appropriate to determine whether an evidentiary hearing is proper
denying evidentiary hearing where state courts had failed to make any specific factual findings because the district court had sufficient affidavits from the parties in interest to make a determination
“the district court may expand the record and consider affidavits, exhibits, or other materials that cast light on the merits of the petition”
evidentiary hearing not necessary if a court possesses sufficient facts to make an informed decision

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Smith, Garza

Read full opinion on CourtListener

Cited by

55 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

Other cases named McDonald v. Johnson

9 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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