What is the test for a motion to vacate an order denying petitioner's habeas corpus petition?
California, United States of America
The following excerpt is from In re Ross, B267168 (Cal. App. 2015):
Respondent concedes the trial court incorrectly applied controlling precedent in summarily denying petitioner's habeas corpus petition, and petitioner, of course, agrees. We direct the trial court to vacate its July 20, 2015, order and to reconsider whether petitioner is entitled to an order to show cause under a correct application of the principles in People v. Duvall (1995) 9 Cal.4th 464 (Duvall).3
A. Procedural Ruling
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