Legal Opinion
Cook v. Maleng
Court of Appeals for the Ninth Circuit
Decided June 2, 1988No. 86-4151PublishedCited by 8 opinions
1Per curiam
Mark Edwin Cook, a federal prisoner, appeals pro se the dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2254 habeas petition. Cook alleges that the district court erred in finding that he was not sufficiently “in custody” to confer subject matter jurisdiction over his challenge to a 1958 state conviction. We agree.
BACKGROUND
Cook is currently serving a 30-year federal sentence for bank robbery and conspiracy. In 1958, a jury in Washington state court convicted Cook of three counts of armed robbery; the state sentenced Cook to three concurrent 20-year terms of imprisonment…
2Cases cited17 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Peyton v. RoweSupreme Court of the United States · 1968
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Lane v. WilliamsSupreme Court of the United States · 1982
- Eugene Anderson v. Harold J. Smith, Superintendent of Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Walter Washington Young v. Donald T. Vaughn the Attorney General of the State of Pennsylvania the District Attorney for Philadelphia CountyCourt of Appeals for the Third Circuit · 1996
- Edward E. ALLEN, Petitioner-Appellant, v. STATE OF OREGON, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Roger G. Flittie v. Herman Solem, Warden, South Dakota State Penitentiary Mark Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1989
- Cook v. MalengCourt of Appeals for the Ninth Circuit · 1988
- Barry Jay Feldman v. William Perrill, Warden John K. Van De Kamp, Attorney General of the State of California, United States of America v. Barry Jay FeldmanCourt of Appeals for the Ninth Circuit · 1990
3 more not listed; retrieve them via the Exa API.