What is the test for a petition to obtain a writ of habeas?

MultiRegion, United States of America

The following excerpt is from SPENCE v. YATES, No. 1:08-cv—00045-AWI-SKO-HC (E.D. Cal. 2011):

California requires a habeas petitioner to support his claims by stating fully and with particularity the facts on which relief is sought and by submitting copies of reasonably available documentary evidence. A petition which does not state a prima facie case for relief will be summarily denied, and a petition which states a prima facie case will be subject to an order to the custodian to show cause why the writ would not be granted. Cal. Pen. Code 1474; People v. Duvall, 9 Cal.4th 464, 474-75

Page 27

(1995).

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