Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE / CHAPTER 1. Of the Writ of Habeas Corpus
California Codes

Cal. Penal Code § 1473.6 (2026)

Of the Writ of Habeas Corpus

✓ current as of May 2026
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(a)Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons:

(1)Newly discovered evidence of fraud by a government official that completely undermines the prosecution’s case, is conclusive, and points unerringly to his or her innocence.

(2)Newly discovered evidence that a government official testified falsely at the trial that resulted in the conviction and that the testimony of the government official was substantially probative on the issue of guilt or punishment.

(3)Newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. Evidence of misconduct in other cases is not sufficient to warrant relief under this paragraph.

(b)For purposes of this section, “newly discovered evidence” is evidence that could not have been discovered with reasonable diligence prior to judgment.

(c)The procedure for bringing and adjudicating a motion under this section, including the burden of producing evidence and the burden of proof, shall be the same as for prosecuting a writ of habeas corpus.

(d)A motion pursuant to this section must be filed within one year of the later of the following:

(1)The date the moving party discovered, or could have discovered with the exercise of due diligence, additional evidence of the misconduct or fraud by a government official beyond the moving party’s personal knowledge.

(2)The effective date of this section.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2022 · leading case: People v. Lundberg CA4/2 (Cal. Ct. App. 2022).
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People v. Rogan CA1/2 (Cal. Ct. App. 2021). “However, Penal Code § 1473.6(a) provides that relief is available to defendants who are no longer unlawfully imprisoned or restrained and who seek relief based on specified categories of new evidence.”
People v. Lundberg CA4/2 (Cal. Ct. App. 2022). “(b)(3)(B) 5 See Concurring Opinion [“For purposes of this section, ‘new evidence’ means evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative,…”
People v. Smith CA2/5 (Cal. Ct. App. 2022). “Penal Code section 1473.6 authorizes courts to vacate a criminal judgment based on newly discovered evidence of fraud or misconduct by a government official.”
People v. Smith CA4/2 (Cal. Ct. App. 2022). “Defendant filed a notice of appeal in propria persona, “based on the Court’s silent denial of defendant’s post-conviction motion to vacate a prior conviction pursuant to Penal Code section 1473.”
Cal. Penal Code § 1473.6(a): 1 case
People v. Rogan CA1/2 (Cal. Ct. App. 2021). “However, Penal Code § 1473.6(a) provides that relief is available to defendants who are no longer unlawfully imprisoned or restrained and who seek relief based on specified categories of new evidence.”
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