California, United States of America
The following excerpt is from People v. Miller, 2d Crim. No. B295952 (Cal. App. 2020):
The standard practice allows the defendant to file the petition and counsel to be appointed later. (People v. Superior Court (Morales) (2017) 2 Cal.5th 523, 526-527.) Here, however, the provision authorizing the appointment of counsel follows the portion of the statute that requires the petitioner to initially make a prima facie showing for relief. ( 1170.95, subd. (c).) The
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