What is the burden of establishing eligibility for relief?

California, United States of America


The following excerpt is from People v. Von Renegar, C079424 (Cal. App. 2016):

Since defendant is the applicant in this proceeding, he bears the burden of establishing eligibility for relief. (People v. Sherow (2015) 239 Cal.App.4th 875, 878; Evid. Code, 500 ["Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting"].) Admitting he has the burden of proof, defendant claims he must be given the opportunity to present evidence to meet it. He asks us to remand the case so that the trial court can hold a full hearing in which he can make his case.

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