Can a federal habeas corpus proceeding be considered a criminal action?
"New York", United States of America
The following excerpt is from People v. Somerville, 2004 NY Slip Op 24031 (NY 2/3/2004), 2004 NY Slip Op 24031 (N.Y. 2004):
The federal habeas corpus proceeding is a hybrid proceeding of both civil and criminal litigation (Parrott v. Government of Virgin Is., 230 F3d 615, 620 n 7 [2000]). A proceeding conducted in another jurisdiction partially civil in nature cannot be considered as part of the defendant's New York state criminal action (see CPL 1.20 [16]).
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