What is the burden of a petitioner for writ of habeas corpus that is collaterally attacking his conviction?

California, United States of America


The following excerpt is from In re Bell, 2 Cal.5th 1300, 218 Cal.Rptr.3d 634, 395 P.3d 672 (Cal. 2017):

A petitioner for writ of habeas corpus collaterally attacking his conviction bears the burden "initially to plead sufficient grounds for relief, and then later to prove them." (People v. Duvall (1995) 9 Cal.4th 464, 474, 37 Cal.Rptr.2d 259, 886 P.2d 1252 ; accord,

[218 Cal.Rptr.3d 639]

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