What is the test for newly discovered evidence in the context of a habeas corpus petition?

As is required when newly discovered evidence is the basis for a habeas corpus petition, the evidence must be such that it would "undermine the entire prosecution case and point unerringly to innocence or reduced culpability." (People v. Gonzalez, supra, 51 Cal.3d 1179, 1246, 275 Cal.Rptr. 729, 800 P.2d 1159.)

33 A petition in this category might offer newly discovered, irrefutable evidence of innocence of the offense or degree of offense of which the petitioner was convicted. Although the evidence could and should have been discovered earlier, the delay in making the claim would not be a bar to consideration of the merits of the petition if the petitioner satisfied the court that the evidence was such that it would "undermine the entire prosecution case and point unerringly to innocence or reduced culpability." (People v. Gonzalez, supra, 51 Cal.3d 1179, 1246, 275 Cal.Rptr. 729, 800 P.2d 1159.) Evidence relevant only to an issue already disputed at trial, which does no more than conflict with trial evidence, does not constitute " 'new evidence' that fundamentally undermines the judgment." (Id., at p. 1247, 275 Cal.Rptr. 729, 800 P.2d 1159.)