NYHAN

v.

CALIFORNIA

Citator

Cited By (18 total)

• United States v. Richardson, 764 F.2d 1514 (11th Cir. 1985)
  …tly definite, specific, detailed, and nonconjeetural to enable the court to conclude that a substantial claim is presented. United States v. Smith, 546 F. 2d 1275 (5th Cir.1977); United States v. Poe, 462 F. 2d 195, 197 (5th Cir.1972), cert. denied, 414 U.S. 845, 94 S.Ct. 107, 38 L.Ed.2d 83 (1973). In short, the motion must allege facts which, if proven, would provide a basis for relief. A court need not act upon general or conclusory assertions founded on mere suspicion or conjecture, and the court has d…
• United States v. Smith, 546 F.2d 1275 (5th Cir. 1977)
  …975, 522 F. 2d 796, 798, cert. denied, 423 U.S. 1058, 96 S.Ct. 792, 46 L.Ed.2d 648. Whether a hearing must be granted is a matter within the sound discretion of the district court. United States v. Poe, 5 Cir. 1972, 462 F. 2d 195, 197, cert. denied, 414 U.S. 845, 94 S.Ct. 107, 38 L.Ed.2d 83. “An evidentiary hearing is not required where none of the critical facts are in dispute and [*1280] the facts as alleged by the defendant if true would not justify the relief requested.” Id. In Poe the Court cited with…
• United States v. Harrelson, 705 F.2d 733 (5th Cir. 1983)
  …ed as a matter of course, but are held only when the defendant alleges sufficient facts which, if proven, would justify relief. United States v. Smith, 546 F. 2d 1275 (5th Cir.1977); United States v. Poe, 462 F. 2d 195 (5th Cir.1972), cert. denied, 414 U.S. 845, 94 S.Ct. 107, 38 L.Ed.2d 83 (1973). Factual allegations set forth in the defendant’s motion, including any accompanying affidavits, must be “ 'sufficiently definite, specific, detailed, and nonconjectural, to enable the court to conclude that a sub…