Is a defendant entitled to a change of venue in his petition for habeas corpus?
California, United States of America
The following excerpt is from People v. Green, 164 Cal.Rptr. 1, 27 Cal.3d 1, 609 P.2d 468 (Cal. 1980):
In his petition for habeas corpus defendant contends he was deprived of the effective assistance of counsel because his trial attorney failed to move for a change of venue. The material factual allegations on this point are not in dispute, and we may therefore resolve the issue without resort to an evidentiary hearing. (People v. Frierson (1979) 25 Cal.3d 142, 160, 158 Cal.Rptr. 281, 599 P.2d 587.)
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