What is the test for making a prima facie showing in a section 1170.95 petition?

California, United States of America


The following excerpt is from People v. Hankey, B298866 (Cal. App. 2020):

The trial court reached a contrary conclusion by reasoning that the facts of defendant's crime set forth in the prior appellate decision are, under People v. Medina (2016) 245 Cal.App.4th 778 (Medina), sufficient to establish that defendant was a major participant in the robbery and acted with reckless indifference to human life. To be sure, a trial court evaluating whether a defendant has made a prima facie showing in a section 1170.95 petition is not required to accept the petition's allegations at face

Page 6

Other Questions


What is the test for making a sufficient prima facie showing to exclude a juror on the basis of race? (California, United States of America)
What is the test for making a prima facie showing at the first step of a civil action? (California, United States of America)
What is the burden of making a prima facie showing of the merit of a claim? (California, United States of America)
What is the initial burden of making a prima facie evidentiary showing of entitlement to Proposition 47 relief? (California, United States of America)
What is the test for making a prima facie showing in voir dire? (California, United States of America)
What is the test for making a prima facie showing of a constitutional violation? (California, United States of America)
What is the test for making a prima facie showing of a triable material factual issue? (California, United States of America)
What is the test for making a prima facie factual showing sufficient to sustain a favorable judgment? (California, United States of America)
What is the test for making a prima facie showing as to each of the prosecutor's challenges? (California, United States of America)
What is the test for making a "prima facie" showing that jurors were being excluded on the basis of racial or group identity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.