Legal Opinion
Kirby H. Hensley v. Municipal Court, San Jose-Milpitas Judicial District Santa Clara County, State of California
Court of Appeals for the Ninth Circuit
Decided February 18, 1972No. 26274PublishedCited by 20 opinions
1Per curiam
The sole question on appeal is whether or not a person released on his own recognizance following trial, conviction and sentence on a state criminal charge is within the purview of 28 U.S. C. § 2241, which extends the remedy of habeas corpus to persons “in custody” in violation of the federal constitution. 1 We conclude that he is not. 2
Not long ago, this court squarely ruled on this question in Matysek v. United States, 339 F.2d 389 (1964), cert, denied 381 U.S. 917, 85 S.Ct. 1545, 14 L.Ed.2d 437. We held that a person released on bail was not “in custody,” actual or constructive, so as to…
2Cases cited6 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Peyton v. RoweSupreme Court of the United States · 1968
- Walker v. WainwrightSupreme Court of the United States · 1968
- Manuel Lee Matysek v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- John Burris v. Edward Ryan, Sheriff of Sangamon County, IllinoisCourt of Appeals for the Seventh Circuit · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- M. L. Mustain, Warden v. Oscar Maurice PearsonCourt of Appeals for the Eighth Circuit · 1979
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Harris v. Superior Court of State of California for the County of Los AngelesCourt of Appeals for the Ninth Circuit · 1974
- Hunter v. GatesCourt of Appeals for the Ninth Circuit · 2003
15 more not listed; retrieve them via the Exa API.