What is the test for habeas corpus?

California, United States of America


The following excerpt is from People v. Ault, 17 Cal.Rptr.3d 302, 33 Cal.4th 1250, 95 P.3d 523 (Cal. 2004):

While all intendments traditionally favor a new trial order, habeas corpus is a separate, collateral proceeding that attacks a presumptively valid judgment. "For purposes of collateral attack, all presumptions favor the truth, accuracy and fairness of the conviction and sentence; defendant thus must undertake the burden of overturning them. Society's interest in the finality of criminal proceedings so demands. . . . [Citations.]" (People v. Gonzalez (1990) 51 Cal.3d 1179, 1260, 275 Cal. Rptr. 729, 800 P.2d 1159, first italics added.)11 This presumption against the validity of a collateral attack on a conviction and sentence weigh strongly toward close appellate review of all mixed law and fact determinations leading to a lower court's decision to grant relief on habeas corpus.12

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