Is a habeas corpus proceeding civil or criminal for other purposes?

California, United States of America


The following excerpt is from In re Scott, 129 Cal.Rptr.2d 605, 29 Cal.4th 783, 61 P.3d 402 (Cal. 2003):

6. We need not, and do not, decide whether a habeas corpus proceeding is civil or criminal for other purposes. (See In re Head (1986) 42 Cal.3d 223, 226, fn. 4, 228 Cal.Rptr. 184, 721 P.2d 65.) It is a special proceeding and not entirely analogous to either category. (People v. Duvall, supra, 9 Cal.4th at pp. 477-178, fn. 4, 37 Cal.Rptr.2d 259, 886 P.2d 1252.)

Other Questions


Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
Is a habeas corpus proceeding a continuation of a criminal proceeding? (California, United States of America)
Is a habeas corpus proceeding a continuation of a criminal proceeding? (California, United States of America)
What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does a claim of ineffective assistance in a habeas corpus proceeding need to be considered in a separate proceeding rather than on appeal? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Is a habeas corpus hearing included in the proceedings in which an indigent criminal defendant is entitled to appointed counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.