What is the test for a writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Brown, A139775, A146454 (Cal. App. 2018):

When an appellate court receives a petition for a writ of habeas corpus, it must first determine whether the petition's factual allegations, if taken as true, entitle the petitioner to relief. (People v. Duvall (1995) 9 Cal.4th 464, 474-475.) "If no prima facie case for relief is stated, the court will summarily deny the petition." (Id. at p. 475.)

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