California, United States of America
The following excerpt is from People v. Bates, B248961, B252513 (Cal. App. 2014):
"Because a petition for a writ of habeas corpus seeks to collaterally attack a presumptively final criminal judgment, the petitioner bears a heavy burden initially to plead sufficient grounds for relief . . . ." (People v. Duvall (1995) 9 Cal.4th 464, 474.)
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An appellate court reviewing such petition will issue an order to show cause only when the allegations, if true, would establish a prima facie case for relief. (Id. at pp. 474-475.) To carry his burden to establish a prima facie case based on ineffective assistance of counsel, the petitioner must allege facts showing a reasonable probability that but for counsel's error the result would have been different. (People v. Hester, supra, 22 Cal.4th at p. 297.)
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