Legal Opinion
David John Miller v. Margaret Hambrick, Warden of the Metropolitan Detention Center and William McCoy U.S. Marshall
Court of Appeals for the Ninth Circuit
Decided May 25, 1990No. 89-55124PublishedCited by 200 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
David J. Miller appeals the dismissal of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. This unusual case requires a decision on two points of law up to now not addressed by this circuit: (1) whether a prisoner, transferred into one district in order to testify in a pending case, is in the custody of the warden of that district or remains, for ha-beas corpus purposes, within the custody of the warden in the district from which he has been transferred; and (2) whether, if jurisdiction is lacking, transfer rather than dismissal is the…
2Cases cited11 opinions
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Ahrens v. ClarkSupreme Court of the United States · 1948
- William D. Dunne v. Gary L. HenmanCourt of Appeals for the Ninth Circuit · 1989
- United States Ex Rel. Quinn v. HunterCourt of Appeals for the Seventh Circuit · 1947
- American Beef Packers, Inc. v. Interstate Commerce Commission and United States of America, Burlington Northern Railroad Company, IntervenorCourt of Appeals for the D.C. Circuit · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by200 opinions
- Hendrickson v. United StatesCourt of Appeals for the Second Circuit · 2015
- United States v. PooleCourt of Appeals for the Fourth Circuit · 2008
- Andre L. Phillips v. Richard P. Seiter, Glenn Watson v. Jeffrey J. ClarkCourt of Appeals for the Seventh Circuit · 1999
- Janicki Logging Co. v. Bruce Mateer Dale RobertsonCourt of Appeals for the Ninth Circuit · 1994
- Muth v. FondrenCourt of Appeals for the Ninth Circuit · 2012
195 more not listed; retrieve them via the Exa API.