What is the test for denying a writ of habeas corpus?
California, United States of America
The following excerpt is from People v. Brodit, 61 Cal.App.4th 1312, 72 Cal.Rptr.2d 154 (Cal. App. 1998):
An appellate court receiving a petition for writ of habeas corpus must first determine whether, taking the allegations of the petition as true, it establishes a prima facie case for relief. If the petition does not state a prima facie case for relief, it must be summarily denied. (People v. Romero (1994) 8 Cal.4th 728, 737, 35 Cal.Rptr.2d 270, 883 P.2d 388.) We conclude the petition fails to state a prima facie case for relief, and we therefore summarily deny it.
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