What is the test for obtaining a writ of habeas corpus?

California, United States of America


The following excerpt is from In re Van Nguyen, E072934 (Cal. App. 2020):

"Our state Constitution guarantees that a person improperly deprived of his or her liberty has the right to petition for a writ of habeas corpus." (People v. Duvall (1995) 9 Cal.4th 464, 473-474.) "An appellate court receiving such a petition evaluates it by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief. [Citations.] If no prima facie case for relief is stated, the court will summarily deny the petition. . . . Issuance of an OSC, therefore, indicates the issuing court's preliminary assessment that the petitioner would be entitled to relief if his factual allegations are proved." (Id. at pp. 474-475.)

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