After The Appeal
Penal Code 1473 — habeas corpus for false evidence, new evidence, and disputed expert testimony
The writ. A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint.
- False evidence material on guilt or punishment was introduced at a hearing or trial.
- False physical evidence, believed to be factual, was a material factor in a guilty plea.
- New evidence, presented without substantial delay, that is admissible and more likely than not would have changed the outcome.
- A significant dispute has emerged about expert medical, scientific or forensic testimony that more likely than not affected the outcome.
Those are among the reasons the section lists, and it says the writ is not limited to them. New evidence means evidence not previously presented and heard at trial, and discovered after it.
Timeliness and the limits on successive petitions are set out elsewhere and are not on this page. Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed California attorney.
Sources for this section (1)
- Penal Code 1473 — Writ of habeas corpus
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.