What is the burden of establishing entitlement to relief?

California, United States of America


The following excerpt is from In re Cox, 135 Cal.Rptr.2d 315, 30 Cal.4th 974, 70 P.3d 313 (Cal. 2003):

The petitioner has the burden of establishing entitlement to relief and must do so by a preponderance of the evidence. (In re Sassounian (1995) 9 Cal.4th 535, 546, 37 Cal.Rptr.2d 446, 887 P.2d 527.) Thus, to successfully mount a collateral attack, the petitioner must overcome the presumptions favoring the "`truth, accuracy, and fairness of the conviction and sentence.'" (People v. Duvall (1995) 9 Cal.4th 464, 474, 37 Cal.Rptr.2d 259, 886 P.2d 1252.)

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