Can the prosecution of a writ of habeas corpus be prosecuted if a false testimony was introduced at a hearing or trial?

California, United States of America


The following excerpt is from In re Roberts, 128 Cal.Rptr.2d 762, 29 Cal.4th 726, 60 P.3d 165 (Cal. 2003):

Section 1473, subdivision (b)(1) provides that a writ of habeas corpus may be prosecuted if "[f]alse evidence that is substantially material probative on the issue of guilt or punishment was introduced against a person at any hearing or trial relating to his incarceration...." False evidence is "substantially material or probative" (ibid.) "if there is a `reasonable probability' that, had it not been introduced, the result would have been different. [Citation.]" (In re Sassounian (1995) 9 Cal.4th 535, 546, 37 Cal.Rptr.2d 446, 887 P.2d 527.) The requisite "reasonable probability" is a chance great enough, under the totality of the circumstances, to undermine our confidence in the outcome. (Ibid.) The petitioner is not required to show that the prosecution knew or should have known that the testimony was false. ( 1473, subd. (c); People v. Marshall (1996) 13 Cal.4th 799, 830, 55 Cal.Rptr.2d 347, 919 P.2d 1280.)

Other Questions


Does the fact that expert testimony may be available at trial require defense counsel to consult the experts or present their testimony at trial? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
What is the test for admissible testimony at a civil trial of a witness giving evidence in a testimony that was not in the context of the trial? (California, United States of America)
Can a defendant bring a motion for habeas corpus relief if he is denied access to cross-examining a prosecution expert at the "mental state" phase of his trial? (California, United States of America)
Can a defendant be denied a fair trial if the prosecution's case depends substantially on the testimony of an accomplice? (California, United States of America)
Is a defendant entitled to a new trial if the trial court refuses to hear or rule on the motion? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.