Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process?

MultiRegion, United States of America

The following excerpt is from Wallace v. Kern, 520 F.2d 400 (2nd Cir. 1975):

9 The district judge further commented that the plaintiffs were not seeking interference with a criminal trial or any pending bail application but merely a declaration of rights. Although the complaint here does not even seek an evidentiary hearing in its prayer for relief, the order appealed from is mandatory and orders the defendants to provide a new procedure set forth in the order to supplant existing practice. That can only be characterized as an interference with the state criminal process in both pending and future bail proceedings. The court's reference to Steffel v. Thompson, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974) is therefore not apposite.

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