Can a habeas petition be denied without issuing an order of show cause?
California, United States of America
The following excerpt is from People v. Smith, D057482, D059929 (Cal. App. 2011):
We may deny a habeas petition without issuing an order to show cause if the petitioner does not set forth a prima facie case for relief. (People v. Duvall (1995) 9 Cal.4th 464, 475.) We conclude defendant has not made a prima facie showing of ineffective representation arising from his counsel's failure to raise the intoxication defense in closing argument.
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