AB 3088: Criminal procedure: writ of habeas corpus.

Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted on several bases, including on the basis of the discovery of new evidence that has not been previously presented and heard at trial and has been discovered after trial.

This bill would require prohibit a habeas corpus petition prosecuted under these provisions to be considered on the merits and not dismissed based on timeliness considerations or as an abuse of the writ if the allegations in the petition establish by a preponderance that at least one juror would not have convicted the petitioner after a review of the evidence in the record in light of any new evidence developed by the petitioner. from being dismissed based on procedural bars if the petitioner establishes that in light of all of the evidence now before the court, it is more likely than not the outcome of the case would have been different, as specified.