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
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Ninth Circuit has held:
Smith v. Idaho, 392 F.3d 350, 355 (9th Cir. 2004) (emphasis added).
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