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218 California opinions name it 2 courts 2021–2025 218 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Lewisgreen2 sentences2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. . . .” ’ [Citation.]” (Lewis, supra, 11 Cal.5th at p. 971 .) “The record of conviction will necessarily inform the trial court’s prima facie inquiry under section [1172.6], allowing the court to distinguish petitions with potential merit from those that are clearly meritless.” (Ibid.) “In reviewing any part of the record of co 2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. . . .” ’ [Citation.]” (Lewis, supra, 11 Cal.5th at p. 971 .) “The record of conviction will necessarily inform the trial court’s prima facie inquiry under section [1172.6], allowing the court to distinguish petitions with potential merit from those that are clearly meritless.” (Ibid.) “In reviewing any part of the record of co | 52 | 204 |
In Re Serranogreen2 sentences2024If so, the court must issue an order to show cause.”’ ([People v.] Drayton [(2020)] 47 Cal.App.5th [965,] 978, quoting Cal. Rules of Court, rule 4.551(c)(1).) ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ (Drayton, at p. 978, fn. omitted, citing In re Serrano (1995) 10 Cal.4th 447, 456 .) ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court 11. is justified in making a credibility determination adverse to the pet 2023People v. Lewis, supra, 11 Cal.5th at p. 971 [applying the “the analogous prima facie inquiry in habeas corpus proceedings” to petition to vacate murder sentence].) In habeas corpus cases, “a court must first determine whether the petition states a prima facie case for relief—that is, whether it states facts that, if true, entitle the petitioner to relief—and also whether the stated claims are for any reason procedurally barred.” (People v. Romero (1994) 8 Cal.4th 728, 737 ; see also Rules of Court, rule 4.551(c)(1) [at prima facie stage of habeas proceeding, “the court takes petitioner’s fact | 6 | 15 |
People v. Curielgreen2 sentences2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved.” ’ ” “ ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (Id. at p. 971.) At the prima facie stage, “ ‘[i]f the petition and record in the case establi 2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved.’ . . . ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination 7 adverse to the petitioner.” ’ ” (Id. at p. 971, citations omitted.) Among other things, “we may look to the jury’s verdicts, | 4 | 8 |
People v. Abarcagreen2 sentences2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. . . .” ’ [Citation.]” (Lewis, supra, 11 Cal.5th at p. 971 .) “The record of conviction will necessarily inform the trial court’s prima facie inquiry under section [1172.6], allowing the court to distinguish petitions with potential merit from those that are clearly meritless.” (Ibid.; see People v. Abarca (1991) 233 Cal.App.3d 2024Like the analogous prima facie inquiry in habeas corpus proceedings, ‘ “the court takes petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. . . .” ’ [Citation.]” (Lewis, supra, 11 Cal.5th at p. 971 .) “The record of conviction will necessarily inform the trial court’s prima facie inquiry under section [1172.6], allowing the court to distinguish petitions with potential merit from those that are clearly meritless.” (Ibid.; see People v. Abarca (1991) 233 Cal.App.3d | 3 | 3 |
People v. Stronggreen2 sentences2024If so, the court must issue an order to show cause.”’ ([People v.] Drayton [(2020)] 47 Cal.App.5th [965,] 978, quoting Cal. Rules of Court, rule 4.551(c)(1).) ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ (Drayton, at p. 978, fn. omitted, citing In re Serrano (1995) 10 Cal.4th 447, 456 .) ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court 11. is justified in making a credibility determination adverse to the pet 2024If so, the court must issue an order to show cause.” ’ ” (Lewis, supra, 11 Cal.5th at p. 971 .) Conversely, “[i]f the petition and record in the case establish conclusively that the defendant is ineligible for relief, the trial court may dismiss the petition.” (Strong, supra, 13 Cal.5th at p. 708 .) The denial of a section 1172.6 petition at the prima facie stage is appropriate only if the petitioner is ineligible for relief as a matter of law. | 2 | 14 |
People v. Watsongreen2 sentences2025If so, the court must issue an order to show cause.” ’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ [Citations.] ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (People v. Lewis (2021) 11 Cal.5th 952, 971 (Lewis).) If the petitioner makes a prima facie showing, the court must issue an order to show cause and hold 2024If so, the court must issue an order to show cause.” ’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ [Citations.] ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (People v. Lewis (2021) 11 Cal.5th 952, 971 .) If the trial court issues an order to show cause, the final step in the process is a hearing to determine | 2 | 6 |
People v. Gentilered2 sentences2022If so, the court must issue an order to show cause.”’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ [Citations.] ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.”’” (Lewis, supra, 11 Cal.5th at p. 971 .) If the petitioner makes a prima facie showing under section 1170.95, subdivision (c), the court must issue an order t 2022If so, the court must issue an order to show cause.”’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ [Citations.] ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.”’” (Lewis, supra, 11 Cal.5th at p. 971 .) If the petitioner makes a prima facie showing under section 1170.95, subdivision (c), the court must issue an order t | 2 | 3 |
People v. Duvallgreen2 sentences2023People v. Lewis, supra, 11 Cal.5th at p. 971 [applying the “the analogous prima facie inquiry in habeas corpus proceedings” to petition to vacate murder sentence].) In habeas corpus cases, “a court must first determine whether the petition states a prima facie case for relief—that is, whether it states facts that, if true, entitle the petitioner to relief—and also whether the stated claims are for any reason procedurally barred.” (People v. Romero (1994) 8 Cal.4th 728, 737 ; see also Rules of Court, rule 4.551(c)(1) [at prima facie stage of habeas proceeding, “the court takes petitioner’s fact 2023In a habeas proceeding, “the petitioner bears a heavy burden initially to plead sufficient grounds for relief, and then later to prove them.” (People v. Duvall, supra, 9 Cal.4th at p. 474 .) The standard is not as stringent in a Racial Justice Act case. | 1 | 1 |
People v. Johnsongreen1 sentence2023People v. Lewis, supra, 11 Cal.5th at p. 971 [applying the “the analogous prima facie inquiry in habeas corpus proceedings” to petition to vacate murder sentence].) In habeas corpus cases, “a court must first determine whether the petition states a prima facie case for relief—that is, whether it states facts that, if true, entitle the petitioner to relief—and also whether the stated claims are for any reason procedurally barred.” (People v. Romero (1994) 8 Cal.4th 728, 737 ; see also Rules of Court, rule 4.551(c)(1) [at prima facie stage of habeas proceeding, “the court takes petitioner’s fact | 1 | 1 |
In Re Lawleygreen1 sentence2023People v. Lewis, supra, 11 Cal.5th at p. 971 [applying the “the analogous prima facie inquiry in habeas corpus proceedings” to petition to vacate murder sentence].) In habeas corpus cases, “a court must first determine whether the petition states a prima facie case for relief—that is, whether it states facts that, if true, entitle the petitioner to relief—and also whether the stated claims are for any reason procedurally barred.” (People v. Romero (1994) 8 Cal.4th 728, 737 ; see also Rules of Court, rule 4.551(c)(1) [at prima facie stage of habeas proceeding, “the court takes petitioner’s fact | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Woodell
green
2 sentences2022If so, the court must issue an order to show cause.” ’ ” (Id. at p. 971.) “ ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (Lewis, supra, 11 Cal.5th at p. 971 , italics added.) “Appellate opinions … are generally considered to be part of the record of conviction. [Citation.] However, as we cautioned in [People v. Woodell (1998) 17 Cal.4th 448, 457 ], the probative value of an appellate opinion is case specific, and ‘ 2022If so, the court must issue an order to show cause.” ’ ” (Lewis, at p. 971.) “ ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (Lewis, supra, 11 Cal.5th at p. 971, italics added.) “Appellate opinions … are generally considered to be part of the record of conviction. [Citation.] However, as we cautioned in [People v. Woodell (1998) 17 Cal.4th 448, 457 ], the probative value of an appellate opinion is case specific, and | 13 | 2022–2022 |
People v. Reed
green
1 sentence2025If so, the court must issue an order to show cause.”’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’” (Lewis, supra, 11 Cal.5th at p. 971.) “In reviewing any part of the record of conviction at this preliminary juncture, a trial court should not engage in ‘factfinding involving the weighing of evidence or the exercise of discretion.’” (Id. at p. 972.) “[T]he ‘prima facie bar was intentionally and correctly set very low.’” (Ibid.) “‘However, if the record, including the court’s own documents | 1 | 2025–2025 |
People v. Scott
green
1 sentence2024If so, the court must issue an order to show cause.” ’ [Citations.] ‘[A] court should not reject the petitioner’s factual allegations on credibility grounds without first conducting an evidentiary hearing.’ [Citations.] ‘However, if the record, including the court’s own documents, “contain[s] facts refuting the allegations made in the petition,” then “the court is justified in making a credibility determination adverse to the petitioner.” ’ ” (People v. Lewis (2021) 11 Cal.5th 952, 971 (Lewis).) If the trial court issues an order to show cause, and the parties do not stipulate to resentencing, | 1 | 2024–2024 |
People v. Romero
green
1 sentence2023People v. Lewis, supra, 11 Cal.5th at p. 971 [applying the “the analogous prima facie inquiry in habeas corpus proceedings” to petition to vacate murder sentence].) In habeas corpus cases, “a court must first determine whether the petition states a prima facie case for relief—that is, whether it states facts that, if true, entitle the petitioner to relief—and also whether the stated claims are for any reason procedurally barred.” (People v. Romero (1994) 8 Cal.4th 728, 737 ; see also Rules of Court, rule 4.551(c)(1) [at prima facie stage of habeas proceeding, “the court takes petitioner’s fact | 1 | 2023–2023 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.