What is the test for making critical allegations in a petition for habeas corpus?
California, United States of America
The following excerpt is from McCarthy, In re, 173 Cal.App.3d 749, 219 Cal.Rptr. 288 (Cal. App. 1985):
And: "It has long been the rule of California that factual allegations on which a petition for habeas corpus are based must be 'in such form that perjury may be assigned upon the allegations if they are false.' ( Ex parte Walpole, 84 Cal. 584, 24 P. 308.) Here the critical allegations were patently not in such form." (People v. Madaris, 122 Cal.App.3d 234, 242, 175 Cal.Rptr. 869.)
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