Is a person seeking habeas corpus relief from a judgment of death entitled to discovery in a personal injury case?

California, United States of America


The following excerpt is from In re Steele, 10 Cal.Rptr.3d 536, 32 Cal.4th 682, 85 P.3d 444 (Cal. 2004):

In People v. Gonzalez (1990) 51 Cal.3d 1179, 275 Cal.Rptr. 729, 800 P.2d 1159, we held that a person seeking habeas corpus relief from a judgment of death is not entitled to court-ordered discovery unless and until this court has issued an order to show cause and thus has determined that the petition has stated a prima facie case for relief. (Id. at pp. 1255-1261, 275 Cal.Rptr. 729, 800 P.2d 1159.)

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