Legal Opinion
Roderick Howard v. Warden
Court of Appeals for the Eleventh Circuit
Decided January 9, 2015No. 13-12831PublishedCited by 28 opinions
1Opinion of the Court
MARTIN, Circuit Judge:
'Roderick Howard appeals the District Court’s dismissal of his pre-trial habeas corpus petition challenging the constitutionality of a dead-docketed indictment that has been pending for approximately nineteen years. The District Court held that it did not have jurisdiction to consider Mr. Howard’s petition because he was not “in custody” in violation of the Constitution or laws or treaties of the United States. See 28 U.S.C. § 2241(c)(3). After careful consideration, we agree that a dead-docketed indictment, without more, does not constitute custody and affirm.
I
In 1995,…
2Cases cited13 opinions
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Maleng v. CookSupreme Court of the United States · 1989
- 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
- Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Seals v. StateSupreme Court of Georgia · 2021
- Louis Matthew Clements v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2023
- Estela Mabel Argueta Romero v. Secretary, U.S. Department of Homeland SecurityCourt of Appeals for the Eleventh Circuit · 2021
- Cameron Cox v. Secretary Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
- Gelfound v. Metlife InsuranceDistrict Court, S.D. Florida · 2016
23 more not listed; retrieve them via the Exa API.