Legal Opinion
Alvin G. Smith, and v. Capt. James M. Campbell, Commanding Officer, U. S. Naval Schools Command, Mare Island, Vallejo, California, And
Court of Appeals for the Ninth Circuit
Decided December 1, 1971No. 71-1443PublishedCited by 41 opinions
1Opinion of the Court
FERGUSON, District Judge.
This case presents the question whether a petition for writ of habeas corpus must be dismissed for lack of jurisdiction when at the time the petition was filed the petitioner and his custodian were both within the territorial jurisdiction of the district court, but the petitioner was involuntarily removed from the district after the filing of the petition and his present custodian is subject to the process of the court. The district court held that it must. We reverse.
In January, 1970, appellant, an active duty member of the United States Navy, was ordered to report…
2Cases cited25 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Jones v. CunninghamSupreme Court of the United States · 1963
- Harris v. NelsonSupreme Court of the United States · 1969
- Mollan v. TorranceSupreme Court of the United States · 1824
- Johnson v. EisentragerSupreme Court of the United States · 1950
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3Cited by41 opinions
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- Tony Santillanes v. United States Parole Commission and Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 1985
- Rondal R. Francis v. R.H. Rison, WardenCourt of Appeals for the Ninth Circuit · 1990
- Willie Griffin, Jr. v. EbbertCourt of Appeals for the Fifth Circuit · 2014
- Lawrence Ross, Petitioner-Plaintiff-Appellant v. David C. Mebane, Respondents-Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1976
36 more not listed; retrieve them via the Exa API.