What is the test for an order to show cause in a habeas petition?
California, United States of America
The following excerpt is from Kirk, In re, 74 Cal.App.4th 1066, 88 Cal.Rptr.2d 648 (Cal. App. 1999):
2 Petitioner also raises other contentions in his writ petition, which we chose not to address in our order to show cause. (People v. Bloyd (1987) 43 Cal.3d 333, 362-363, 233 Cal.Rptr. 368, 729 P.2d 802 [issuance of order to show cause on a specific issue is an implicit determination that a prima facie case has not been made as to other issues in habeas petition].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a habeas petition be denied without issuing an order of show cause? (California, United States of America)
Can a defendant appeal from an order asserted to be nonappealable by the Attorney General be considered a petition for writ of habeas corpus or petition for the writ of mandate? (California, United States of America)
Does the Attorney General have any authority to grant a petition against the President of the State of California seeking an order of show cause? (California, United States of America)
When a cause of action on appeal from a trial court's order sustaining demurrer is not discussed in the brief, is it abandonment of that cause? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for a cause of action for malicious prosecution based on an order to show cause in a family law proceeding? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
