CA AB3088

Amends Penal Code Section 1473 to prohibit dismissal of habeas corpus petitions based on procedural bars if the petitioner establishes that all evidence before the court makes it more likely than not the outcome would have been different.

Establishes grounds for habeas corpus prosecution including false evidence at trial, false physical evidence related to guilty pleas, new evidence that would likely have changed the case outcome, and significant disputes regarding expert medical, scientific, or forensic testimony.

Defines "new evidence" as evidence not previously presented at trial and discovered after trial, which must be admissible, material, and credible to warrant habeas relief.

Requires courts to issue an order to show cause if a petitioner makes a prima facie showing of entitlement to relief and creates a presumption in favor of relief when the district attorney or Attorney General concedes or stipulates to a factual or legal basis for habeas relief.

Allows postconviction counsel to be appointed as counsel or cocounsel on retrial if both the petitioner and postconviction counsel agree and counsel is qualified to handle trials.