When can a habeas corpus proceeding resemble a criminal trial? ...

[nmorano1]

When can a habeas corpus proceeding resemble a criminal trial?
 
  What will be an ideal response?

Question 2

Recent studies show that most decisions of criminal defendant to represent themselves pro se is irrational.
 
  Indicate whether the statement is true or false

[diana chang]

Answer to Question 1

An appellate court reviewing a habeas corpus petition can engage in fact-finding under certain limited circumstances. The leading case in this area is Townsend v. Sain, 372 U.S. 293 (1963). The Supreme Court identified six specific circumstances in which a habeas court may engage in independent fact-finding:
(1) the merits of the factual dispute were not resolved in the state hearing; (2) the state factual determination is not fairly supported by the record as a whole; (3) the fact-finding procedure employed by the state court was not adequate to afford a full and fair hearing; (4) there is a substantial allegation of newly discovered evidence; (5) material facts were not adequately developed at the state court hearing; or (6) for any reason it appears that the state trier of fact did not afford the habeas applicant a full and fair hearing.

Answer to Question 2

FALSE

[nmorano1]

Excellent

[gcook]

TYSM