What is the burden of pleading sufficient grounds for writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Patterson, E060758 (Cal. App. 2015):

Defendant bears the burden of proof of pleading a sufficient basis for writ relief: "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. 'For purposes of collateral attack, all presumptions favor the truth, accuracy, and fairness of the conviction and sentence; defendant thus must undertake the burden of overturning them. Society's interest in the finality of criminal proceedings so demands, and due process is not thereby offended.' [Citation.]" (People v. Duvall (1995) 9 Cal.4th 464, 474.)

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