What is the test for denying a motion for habeas corpus?

California, United States of America


The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):

We thus conclude that defendant's petition for habeas corpus must be denied for failing to allege sufficient facts which either would demonstrate counsel's ineffective assistance or warrant an evidentiary hearing in the matter. (People v. Jackson, supra, 28 Cal.3d at p. 296, 168 Cal.Rptr. 603, 618 P.2d 149.)

Whether viewed singly or cumulatively, no error in this case warrants reversal. Even when a defendant's life is at stake, he " 'is entitled to a fair trial but not a perfect one.' " (Schneble v. Florida (1972) 405

Page 637

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