Adam Russell Jeffers v. Len Chastain, Warden, John K. Van De Kamp, Attorney General for the State of California

951 F.2d 360 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Adam Russell JEFFERS, Petitioner/Appellee, v. Len CHASTAIN, Warden, John K. Van De Kamp, Attorney General for the State of California, Respondents/Appellants. No. 90-56278. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1991. * Decided Dec. 16, 1991. Before FARRIS, PREGERSON and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 In considering the trial court's denial of Jeffers' motion for a continuance, the district court repeatedly pointed to the inadequacies of the trial court's fact finding. We agree that the record before the district court was inadequate. 3 When the record is inadequate, the remedy is set forth in 28 U.S.C. § 2254 and applicable case law. In Townsend v. Sain, 372 U.S. 293, 313 (1963), the Court held that a district court must grant an evidentiary hearing if, inter alia, "the material facts were not adequately developed at the state-court proceeding." We have…