Should this court grant this petition to address the obvious failure of the eighth circuit court of appeals to require a district court to conduct an evidentiary hearing

QUESTION PRESENTED ' SHOULD THIS COURT GRANT THIS PETITION TO ADDRESS THE OBVIOUS FAILURE OF THE EIGHTH CIRCUIT COURT OF APPEALS TO REQUIRE A DISTRICT COURT TO CONDUCT AN EVIDENTIARY HEARING WHERE EVIDENCE AND FACTS BY THIS COURT’S STARE DECISIS MANDATING AN EVIDENTIARY HEARING UNDER PROCUNIER V. ATCHLEY, 400 U.S. 446 (1971)? i