Legal Opinion
Troy E. Marks v. John D. Rees and Linley Pearson, Attorney General of Indiana
Court of Appeals for the Seventh Circuit
Decided August 24, 1983No. 82-1994PublishedCited by 13 opinions
1Opinion of the Court
PELL, Circuit Judge.
Petitioner Troy E. Marks appeals from the district court’s denial of his petition for a writ of habeas corpus. The court held that the petitioner was not “in custody” within the meaning of 28 U.S.C. § 2254 and had not exhausted his state post-conviction remedies. The issue before us is whether Marks may be deemed in the custody of Indiana officials because of Kentucky’s use of his prior Indiana conviction, even though Marks is in the actual custody of Kentucky officials and has fully served his Indiana sentence.
I. FACTS
On September 12, 1974, Marks was convicted in the…
2Cases cited5 opinions
- Edward Eugene Brown v. United StatesCourt of Appeals for the Fourth Circuit · 1973
- Kenneth Warren Hanson v. Circuit Court of the First Judicial Circuit of IllinoisCourt of Appeals for the First Circuit · 1979
- Early Lee Harris v. Gil Ingram, Warden, Federal Correctional Institute, Butner, North Carolina and J. Marshall Coleman, Attorney General of VirginiaCourt of Appeals for the Fourth Circuit · 1982
- William J. Noll v. The People of the State of NebraskaCourt of Appeals for the Eighth Circuit · 1976
- Burns v. South CarolinaDistrict Court, D. South Carolina · 1982
3Cited by13 opinions
- James Lowery v. Warren YoungCourt of Appeals for the Seventh Circuit · 1989
- Michael Lee Sammons v. G.H. Rodgers, Warden, F.C.I. Seagoville, U.S. Bureau of Prison and U.S. Board of ParoleCourt of Appeals for the Fifth Circuit · 1986
- United States v. ClarkCourt of Appeals for the Fifth Circuit · 2000
- McMannis v. StateCourt of Appeals of Maryland · 1988
- In the Matter of William Hicks v. Jack R. Duckworth and Attorney General of IndianaCourt of Appeals for the Seventh Circuit · 1988
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