Legal Opinion
Robert E. HENRY, Petitioner-Appellee, v. Daniel LUNGREN, California State Attorney General, Respondent-Appellant, Wayne Estelle, Respondent
Court of Appeals for the Ninth Circuit
Decided January 15, 1999No. 97-56215PublishedCited by 98 opinions
1Opinion of the Court
McKEOWN, Circuit Judge:
The Attorney General of the State of California appeals from the district court’s grant of Robert E. Henry’s petition for habeas corpus. Under 28 U.S.C. § 2241(e)(3),, the district court had jurisdiction to entertain Henry’s petition for a writ of habeas corpus only if he was “in custody” when the petition was filed. Because Henry was not “in custody” at the time he filed the present petition, the district court lacked jurisdiction and therefore we reverse.
This case has a long history that is best summarized in the previous opinions. Henry v. Estelle, 33 F.3d 1037 (9th…
2Cases cited11 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Duncan v. HenrySupreme Court of the United States · 1995
- Maleng v. CookSupreme Court of the United States · 1989
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
6 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
- Jackie Ervin Rasberry v. Rosie B. Garcia, WardenCourt of Appeals for the Ninth Circuit · 2006
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
- Erwin v. EdwardsCourt of Appeals for the Sixth Circuit · 2001
- Tuan Van Tran v. Gary Lindsey, Warden Salinas Valley State Prisons State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
93 more not listed; retrieve them via the Exa API.