Because a habeas corpus action is separate from the underlying criminal prosecution, a ruling in the habeas action is not tantamount to a ruling on the same issue in a motion to dismiss in the criminal prosecution. Nor can a ruling in the habeas action, by itself, be a basis for an inference that the trial court made, in the criminal prosecution, a ruling not reflected in the record.
February 21, 2005 at 12:00 AM
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