What is the test for an order to show cause in a habeas corpus matter?

California, United States of America


The following excerpt is from In re Terrence Brownlee On Habeas Corpus, 264 Cal.Rptr.3d 169, 50 Cal.App.5th 720 (Cal. App. 2020):

1 "A court issues an order to show cause in a habeas corpus matter only when the petitioner has stated a prima facie case for relief on one or more claims. The order, and the new cause thereby created, is limited to that specific claim or claims ...." (People v. Superior Court (Pearson ) (2010) 48 Cal.4th 564, 572, 107 Cal.Rptr.3d 265, 227 P.3d 858.)

2 "The return ... becomes the principal pleading [citation] and is analogous to the complaint in a civil proceeding. " (People v. Romero (1994) 8 Cal.4th 728, 738-739, 35 Cal.Rptr.2d 270, 883 P.2d 388 (Romero ).)

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