The Court of Appeal holds that the Supreme Court’s issuance of an order to show cause constitutes a determination that the habeas claim is not procedurally barred. The court of appeal therefore rejected the prosecution’s procedural default argument and ordered the trial court to hold an evidentiary hearing on the petitioner’s claim his conviction rested on false evidence (PC 1473(b)(1)(A)).

A concurring justice would have held that an order to show cause does not “definitively” foreclose forfeiture arguments.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/E087834.PDF