Is the procedure to obtain a writ of habeas corpus valid?

California, United States of America


The following excerpt is from Reaves v. Superior Court for San Joaquin County, 20 Cal.App.3d 700, 97 Cal.Rptr. 866 (Cal. App. 1971):

Having said this, however, we are still faced with the question of whether the procedure is constitutionally valid. At the outset we reject petitioners' contentions that the procedure is violative of certain statutes or that it amounts to a suspension of the privilege of the writ of habeas corpus, as well as petitioners' claim that the procedure denies them due process of law. Petitioners, in effect, appear to be saying that their allegations are to be taken at face value and that they are entitled to a full evidentiary hearing regardless of what the prison records reveal, what the verified statements of prison officials contain, or that decisional law or statutes may be controlling. We do not construe this to be the law. (See Sanders v. United States, supra, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d at p. 165; Hernandez v. Schneckloth, supra, 425 F.2d at pp. 90-91.)

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