What is the burden of a writ of habeas corpus?
California, United States of America
The following excerpt is from In re Fidone, H043406 (Cal. App. 2018):
"Because a petition for a writ of habeas corpus seeks to collaterally attack a presumptively final criminal judgment, the petitioner bears a heavy burden initially to plead sufficient grounds for relief, and then later to prove them." (People v. Duvall
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Other Questions
In what circumstances have we treated a petition for writ of certiorari/habeas corpus as a writ of habeas corpus? (California, United States of America)
What is the burden of a petitioner for writ of habeas corpus that is collaterally attacking his conviction? (California, United States of America)
What is the burden of pleading sufficient grounds for writ of habeas corpus? (California, United States of America)
What is the petitioner's burden on application for habeas corpus? (California, United States of America)
What is the burden of a petitioner for writ of habeas corpus that is collaterally attacking his conviction? (California, United States of America)
What is the test for ineffective assistance in a writ of habeas corpus case? (California, United States of America)
Is a habeas corpus proceeding a continuation of a criminal proceeding? (California, United States of America)
Can a defendant's mental impairment be determined only in a habeas corpus petition? (California, United States of America)
Does a claim of ineffective assistance in a habeas corpus proceeding need to be considered in a separate proceeding rather than on appeal? (California, United States of America)
What time has it taken for the Attorney General to respond to a habeas corpus petition? (California, United States of America)
