District Court Again Told to Hold Evidentiary Hearing

U.S. v. Saenz, 2007 WL 2122054 (7/25/07)(unpub'd) - In this 2255 case, the d.ct. improperly failed to hold an evidentiary hearing. The d.ct. granted an evidentiary hearing continuance requested by the prisoner and then in apparent frustration with the prisoner's lack of preparedness for the hearing just decided for the government. The 10th said it would have been okay to deny the continuance, but since the 10th had previously ruled the petitioner had made sufficient allegations to require a hearing, the d.ct. must hold a hearing, regardless of the prisoner's preparedness issues.