Boston University School of Law
Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.
Federal Evidentiary Hearings Under the New Habeas Corpus Statute
Boston University Public Interest Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1723