In a state habeas corpus action, in what circumstances will counsel be allowed to continue in his "official capacity" role?

MultiRegion, United States of America

The following excerpt is from Napoleon v. Ives, CIV. NO. S-10-0940 KJM GGH P (E.D. Cal. 2012):

However, counsel has a fundamental misapprehension about the nature of a habeas corpus action, and the nature of "official capacity" actions. In a state habeas corpus action, the

Page 4

Ninth Circuit has held:

Smith v. Idaho, 392 F.3d 350, 355 (9th Cir. 2004) (emphasis added).

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In a state habeas corpus action, in what circumstances will counsel be allowed to continue in his "official capacity" role?

However, counsel has a fundamental misapprehension about the nature of a habeas corpus action, and the nature of "official capacity" actions. In a state habeas corpus action, the

Page 4

Ninth Circuit has held:

Smith v. Idaho, 392 F.3d 350, 355 (9th Cir. 2004) (emphasis added).

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In a state habeas corpus action, in what circumstances will counsel be allowed to continue in his "official capacity" role?

However, counsel has a fundamental misapprehension about the nature of a habeas corpus action, and the nature of "official capacity" actions. In a state habeas corpus action, the Page 4 Ninth Circuit has held: Smith v. Idaho, 392 F.3d 350, 355 (9th Cir. 2004) (emphasis added).

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

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However, counsel has a fundamental misapprehension about the nature of a habeas corpus action, and the nature of "official capacity" actions. In a state habeas corpus action, the

Page 4

Ninth Circuit has held:

Smith v. Idaho, 392 F.3d 350, 355 (9th Cir. 2004) (emphasis added).