What is the test for a defendant's application for habeas relief?
MultiRegion, United States of America
The following excerpt is from United States v. Figueras, No. 2:16-cr-45-MCE-EFB P (E.D. Cal. 2020):
"The facts in a habeas petition need not be so detailed as to establish prima facie entitlement to habeas relief; they are sufficient if they suggest the real possibility that constitutional error has been committed." Calderon v. United States Dist. Court, 98 F.3d 1102, 1109 (9th Cir. 1996). A defendant "who is able to state facts showing a real possibility of constitutional error should survive Rule 4 review." Id.
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