What is the test for a motion for a writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Hamoui, A136518, A141632 (Cal. App. 2014):

official functions in the absence of evidence to the contrary. (Evid. Code, 664; Ross v. Superior Court (1977) 19 Cal.3d 899, 913.) We find no error.

Defendant's habeas corpus petition is based on two grounds: (1) newly discovered evidence establishes that the defendant is factually innocent and (2) the newly discovered evidence establishes that Solomon and her three companions provided false evidence in indentifying defendant. When presented with a petition for a writ of habeas corpus, the reviewing court must first determine whether the petition states a prima facie case for relief, assuming the petition's factual allegations are true. (People v. Duvall (1995) 9 Cal.4th 464, 474-475.) If the "factual allegations . . . establish a prima facie case for relief, the court will issue an [order to show cause]." (Id. at p. 475.) On the other hand, "if no prima facie case is stated, the court will summarily deny the petition." (Ibid.)

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