What is the test for making an application for habeas corpus?

California, United States of America


The following excerpt is from People v. Leal, G044520, G045845 (Cal. App. 2012):

"To satisfy the initial burden of pleading adequate grounds for relief, an application for habeas corpus must be made by petition . . . . [Citation.] The petition should both (i) state fully and with particularity the facts on which relief is sought [citations], as well as (ii) include copies of reasonably available documentary evidence supporting the claim, including pertinent portions of trial transcripts and affidavits or declarations. [Citation.] 'Conclusory allegations made without any explanation of the basis for the allegations do not warrant relief, let alone an evidentiary hearing.' [Citation.] We presume the regularity of proceedings that resulted in a final judgment . . . ." (People v. Duvall (1995) 9 Cal.4th 464, 474-475.)

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