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 ).)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.