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 prohibit a habeas corpus petition prosecuted under these provisions 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.

Statutes affected:
AB3088: 1473 PEN
02/16/24 - Introduced: 1473 PEN
06/26/24 - Amended Senate: 1473 PEN
AB 3088: 1473 PEN