Robert L. Tinder v. Sister Rose Paula, Snd
Court of Appeals for the First Circuit
1Opinion of the Court
SWYGERT, Senior Circuit Judge.
Petitioner-appellant Robert Tinder appeals from the dismissal on the merits of his habeas corpus petition by the United States District Court for the District of Massachusetts. We find that there is no federal jurisdiction over Tinder’s claim because Tinder was not “in custody” as required by the habeas statute at the time he filed the present petition.
On June 7, 1977, Tinder, then a fourteen-year-old juvenile, was charged in the Municipal Court of West Roxbury, Massachusetts, with being a “delinquent child” by reason of having committed arson, Mass. Gen.Law ch.…
2Cases cited21 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Charles Blair v. The People of the State of California, Robert A. Heinze, WardenCourt of Appeals for the Ninth Circuit · 1965
- David Marchand v. Director, U.S. Probation OfficeCourt of Appeals for the First Circuit · 1970
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3Cited by53 opinions
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- Larry Cochran v. Edward Buss, SuperintendentCourt of Appeals for the Seventh Circuit · 2004
- Virsnieks v. SmithCourt of Appeals for the Seventh Circuit · 2008
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