What is the test for a motion for discovery in a habeas case?

Second, the court misconstrued the import of Hurd v. Superior Court, supra, 144 Cal.App.4th 1100. That case dealt with one limited situation, namely, a defendant who had filed a motion for Pitchess discovery in order to raise, in habeas proceedings, the identical issues that had been litigated and rejected on appeal. (Id. at p. 1112.) The trial court here, however, did not conclude that the issues petitioner sought to raise were the same as those that had been raised in earlier proceedings. Instead, the court stated that if the habeas petition would not be cognizable for any reason, the motion must be denied. Since, according to the trial court, petitioner would not be able to demonstrate factual innocence, he was not entitled to discovery.