What is the difference between a request for bail and a motion for habeas?

MultiRegion, United States of America

The following excerpt is from Requested Extradition of Kirby, Matter of, 106 F.3d 855 (9th Cir. 1997):

The origins of the two procedures are different. So are their purposes. In habeas, a petitioner challenges the legality of his detention. Walters v. Maass, 45 F.3d 1355, 1357 (9th Cir.1995). Bail says nothing as to the legality of the confinement; it simply says that confinement is not necessary in order to assure the putative prisoner's presence at a trial or hearing or to prevent a danger to the community.

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
What is the test for declining to hear a motion for motion for writ of habeas corpus? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.