Lawrence E. Wilson, Warden California State Prison, San Quentin v. Donald Lee Blabon

MATHES, District Judge:

The Warden of the California State Prison at San Quentin appeals from a judgment of the District Court granting appellee’s petition for a Writ of Habeas Corpus and ordering him discharged from custody, subject to the condition that custody be retained until termination of any appeal, or until expiration of appellant’s time to appeal.

In language of single plain meaning, the Congress has declared that:

“The [Federal] writ of habeas corpus shall not extend to a prisoner unless— * * * He is in custody in violation of the Constitution or laws or treaties of the United States…