United States ex rel. Kopetka v. Young

NEVILLE, District Judge.

Before the court for consideration is a petition for a writ of habeas corpus filed by a state court prisoner who at the time of its filing was serving an indeterminate sentence for third degree murder. The court, mindful of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed. 2d 837 (1962) and Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1962), ordered an evidentiary hearing. Shortly following the hearing petitioner was paroled and so is now at liberty. This .fact does not, however, render the petition moot since even when paroled the movement and actions…