California, United States of America
The following excerpt is from People v. Avalos, B246272, B254335 (Cal. App. 2014):
"To satisfy the initial burden of pleading adequate grounds for relief, an application for habeas corpus . . . should both (i) state fully and with particularity the facts on which relief is sought [citations], as well as (ii) include copies of reasonably available documentary evidence supporting the claim, including pertinent portions of trial transcripts and affidavits or declarations. [Citations.]" (People v. Duvall (1995) 9 Cal.4th 464, 474.) "An appellate court receiving such a petition evaluates it by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief." (Id. at pp. 474-475.) "'Conclusory allegations made without any explanation of the basis for the allegations do not warrant relief, let alone evidentiary hearing.' [Citation.] We presume the regularity of proceedings that resulted in a final judgment [citation], and . . . the burden is on the petitioner to establish grounds for his release. [Citations.]" (Id. at p. 474.) If the petitioner states a prima facie case for relief, the court will issue an order to show cause. (Id. at p. 475.) For the reasons set forth
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