Chapter 1. of the Writ of Habeas Corpus - California Penal Code Section 1473.6
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California Laws > Penal Code > Chapter 1. of the Writ of Habeas Corpus - California Penal Code 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
(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
(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.
Last modified: February 16, 2015