This section contains the nature of the case and procedural background.

The body of the deceased was found in the desert. Hicks (D) was charged with the murder. D was seen with the decedent before the disappearance and was driving the decedent's car when he was arrested. No evidence of criminal agency was alleged or ever proven. The charge was dismissed for lack of corpus delicti or probable cause of guilt. The charge was refiled along with P's confession to a cellmate. No evidence about the actual cause of death was offered. D filed a motion for a writ of habeas corpus at the preliminary hearing and was denied. D appealed.

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