1. Both the California Constitution and a statute provide trial courts with the power to issue writs of habeas corpus.
2. Since courts of appeal have original jurisdiction to issue writ of habeas corpus, the appellate courts are not bound by the procedures in Penal Code section 1473.
3. To be eligible to file a writ of habeas corpus, a person must be in actual or constructive custody under a California conviction or suffer some other significant restraint by state officials.
4. Because court officials have ready access to public records, the petition for writ of habeas corpus need not allege unlawful restraint, name the person by whom the petitioner is restrained, nor specify the facts supporting the claim that the restraint is unlawful.
5. To be valid, a petition for writ of habeas corpus must “state fully and with particularity the facts upon which relief is sought” and include “copies of reasonably available documentary evidence supporting the claim, including pertinent portions of trial transcripts and affidavits or declarations.”
6. A trial court must either grant or deny on its merits a petition for writ of habeas corpus within 60 days of its filing.
7. Once a trial court has received an informal response from the respondent, the court can immediately deny the writ without giving the petitioner an opportunity to reply.
8. In every situation when a court of appeal summarily denies a petition for writ of habeas corpus, the appellate court does not need to give any reasons for the denial.
9. If a court determines the petition for writ of habeas corpus is sufficient on its face because it states a prima facie case, the court may immediately grant the writ, awarding petitioner the affirmative relief that was sought.
10. When a trial court finds the petitioner has established a prima facie case for relief, the court commands the person having custody of the petitioner to bring him before the court and justify the petitioner’s imprisonment or other restraint.
11. Following a court’s Order to Show Cause (OSC), the respondent is required to serve and file a verified “return” which must allege facts establishing the legality of the custody or restraint, and the return “becomes the principal pleading, analogous to a complaint in a civil proceeding.”
12. Because a court will assume that the respondent is disputing all the facts alleged in the petition, any material allegation of the petition not controverted by the return is deemed denied.
13. In response to the respondent’s return, the petitioner may file a traverse, denying facts in the return and alleging new facts if needed.
14. The factual allegations in the return are deemed true unless the traverse specifically denies them.
15. Once the return and traverse have been filed, even if there are disputed material facts, the court can go ahead and decide whether relief should be granted to the petitioner or whether the petition should be denied.
16. When a court conducts an evidentiary hearing on a petition for writ of habeas corpus, the court has full power and authority to enforce subpoenas and “to do and perform all other acts and things necessary to a full and fair hearing and determination of the case.”
17. A trial court is required to conduct an evidentiary hearing on a petition for writ of habeas corpus if “the court finds there is a reasonable likelihood that the petitioner may be entitled to relief and the petitioner’s entitlement to relief depends on the resolution of an issue of fact.”
18. When a court of appeal orders an evidentiary hearing by a referee, the referee’s factual findings are subject to independent review by the court of appeal.
19. When a court of appeal makes its OSC returnable to a trial court, the trial court acts as a referee making findings of fact, and the court of appeal then determines whether the writ should be granted.
20. The form of relief traditionally granted in a habeas proceeding is release from custody, but courts also have broad discretion to fashion an appropriate remedy to enforce the petitioner’s rights.