reglab/housing_qa huggingface dataset:
CA Penal Code § 1473.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1473.5.

1473.5.  (a) A writ of habeas corpus also may be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its effects, within the meaning of Section 1107 of the Evidence Code, was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. Sections 1260 to 1262, inclusive, apply to the prosecution of a writ of habeas corpus pursuant to this section. As used in this section, “trial court proceedings” means those court proceedings that occur from the time the accusatory pleading is filed until and including judgment and sentence.(b) This section is limited to violent felonies as specified in subdivision (c) of Section 667.5 that were committed before August 29, 1996, and that resulted in judgments of conviction or sentence after a plea or trial as to which expert testimony admissible pursuant to Section 1107 of the Evidence Code may be probative on the issue of culpability.(c) A showing that expert testimony relating to intimate partner battering and its effects was presented to the trier of fact is not a bar to granting a petition under this section if that expert testimony was not competent or substantial. The burden of proof is on the petitioner to establish a sufficient showing that competent and substantial expert testimony, of a nature which would be competent using prevailing understanding of intimate partner battering and its effects, was not presented to the trier of fact, and had that evidence been presented, there is a reasonable probability that the result of the proceedings would have been different.(d) If a petitioner for habeas corpus under this section has previously filed a petition for writ of habeas corpus, it is grounds for denial of the new petition if a court determined on the merits in the prior petition that the omission of expert testimony relating to battered women’s syndrome or intimate partner battering and its effects at trial was not prejudicial and did not entitle the petitioner to the writ of habeas corpus.(e) For purposes of this section, the changes that become effective on January 1, 2005, are not intended to expand the uses or applicability of expert testimony on battering and its effects that were in effect immediately prior to that date in criminal cases.(Amended by Stats. 2012, Ch. 803, Sec. 1. (AB 593) Effective January 1, 2013.)
CA Penal Code § 1473.6 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1473.6.

1473.6.  (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.(Added by Stats. 2002, Ch. 1105, Sec. 3. Effective January 1, 2003.)
CA Penal Code § 1474 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1474.

1474.  Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify:1. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known;2. If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists;3. The petition must be verified by the oath or affirmation of the party making the application.(Enacted 1872.)
CA Penal Code § 1476 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1476.

1476.  Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must endorse upon the petition the hour and date of its presentation and the hour and date of the granting or denial of the writ, and must, if it appear that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, may admit him to bail, if the offense is bailable, pending the determination of the proceeding.(Amended by Stats. 1949, Ch. 1021.)
CA Penal Code § 1477 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1477.

1477.  The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the Court or Judge before whom the writ is returnable, at a time and place therein specified.(Enacted 1872.)
CA Penal Code § 1478 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1478.

1478.  If the writ is directed to the sheriff or other ministerial officer of the court out of which it issues, it must be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person, it must be delivered to the sheriff or a marshal, and be by him served upon such person by delivering the copy to him without delay, and make his return on the original to the court of issuance. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint.(Amended by Stats. 1968, Ch. 479.)
CA Penal Code § 1479 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1479.

1479.  If the person to whom the writ is directed refuses, after service, to obey the same, the Court or Judge, upon affidavit, must issue an attachment against such person, directed to the Sheriff or Coroner, commanding him forthwith to apprehend such person and bring him immediately before such Court or Judge; and upon being so brought, he must be committed to the jail of the county until he makes due return to such writ, or is otherwise legally discharged.(Enacted 1872.)
CA Penal Code § 1480 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1480.

1480.  The person upon whom the writ is served must state in his return, plainly and unequivocally:1. Whether he has or has not the party in his custody, or under his power or restraint;2. If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint;3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the Court or Judge on the hearing of such return;4. If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place;5. The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath.(Enacted 1872.)
CA Penal Code § 1481 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1481.

1481.  The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the command of the writ, except in the cases specified in the next section.(Enacted 1872.)
CA Penal Code § 1482 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1482.

1482.  When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the Court or Judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying the same by affidavit. If the Court or Judge is satisfied of the truth of such return, and the return to the writ is otherwise sufficient, the Court or Judge may proceed to decide on such return, and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced.(Enacted 1872.)
CA Penal Code § 1483 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1483.

1483.  The Court or Judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to their hearing and consideration.(Enacted 1872.)
CA Penal Code § 1484 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1484.

1484.  The party brought before the Court or Judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The Court or Judge must thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require, and have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case.(Enacted 1872.)
CA Penal Code § 1485 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1485.

1485.  If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such Court or Judge must discharge such party from the custody or restraint under which he is held.(Enacted 1872.)
CA Penal Code § 1485.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1485.5.

1485.5.  (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.(b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment.(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, during proceedings on a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.(d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s rulings or orders.(e) For purposes of this section, “court” is defined as a state or federal court.(Amended by Stats. 2021, Ch. 490, Sec. 1. (SB 446) Effective January 1, 2022.)
CA Penal Code § 1485.55 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1485.55.

1485.55.  (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.(d) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(e) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.(f) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.(Amended by Stats. 2021, Ch. 490, Sec. 2. (SB 446) Effective January 1, 2022.)
CA Penal Code § 1486 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1486.

1486.  The Court or Judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if it appears that he is detained in custody:1. By virtue of process issued by any Court or Judge of the United States, in a case where such Court or Judge has exclusive jurisdiction; or,2. By virtue of the final judgment or decree of any competent Court of criminal jurisdiction, or of any process issued upon such judgment or decree.(Enacted 1872.)
CA Penal Code § 1487 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1487.

1487.  If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State, or Judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section:1. When the jurisdiction of such Court or officer has been exceeded;2. When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge;3. When the process is defective in some matter of substance required by law, rendering such process void;4. When the process, though proper in form, has been issued in a case not allowed by law;5. When the person having the custody of the prisoner is not the person allowed by law to detain him;6. Where the process is not authorized by any order, judgment, or decree of any Court, nor by any provision of law;7. Where a party has been committed on a criminal charge without reasonable or probable cause.(Enacted 1872.)
CA Penal Code § 1488 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1488.

1488.  If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a magistrate, such person must not be discharged on the ground of any mere defect of form in the warrant of commitment.(Amended by Stats. 1951, Ch. 1608.)
CA Penal Code § 1489 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1489.

1489.  If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the Court or Judge, that the party is guilty of a criminal offense, or ought not to be discharged, such Court or Judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the Court or Judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal.(Enacted 1872.)
CA Penal Code § 1490 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1490.

1490.  When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined.(Enacted 1872.)
CA Penal Code § 1491 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1491.

1491.  Any judge before whom a person who has been committed upon a criminal charge may be brought on a writ of habeas corpus, if the same is bailable, may take an undertaking of bail from such person as in other cases, and file the same in the proper court. Whenever a writ of habeas corpus is returned to a court for hearing and the petitioner is charged with an offense other than a crime of violence or committed with a deadly weapon or involving the forcible taking or destruction of the property of another, but the prisoner does not stand convicted of any offense, the amount of the bail must be set immediately if no bail has theretofore been fixed.(Amended by Stats. 1933, Ch. 595.)
CA Penal Code § 1492 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1492.

1492.  If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the Court or Judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto.(Enacted 1872.)
CA Penal Code § 1493 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1493.

1493.  In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the Judge or Court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.(Enacted 1872.)
CA Penal Code § 1494 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1494.

1494.  Until judgment is given on the return, the Court or Judge before whom any party may be brought on such writ may commit him to the custody of the Sheriff of the county, or place him in such care or under such custody as his age or circumstances may require.(Enacted 1872.)
CA Penal Code § 1495 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE|CHAPTER 1 - Of the Writ of Habeas Corpus|Section 1495.

1495.  No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the Court or Judge before whom he is to be brought.(Enacted 1872.)