Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.

This case requires us to determine whether a person released on his own recognizance is “in custody” within the meaning of the federal habeas corpus statute, 28 U. S. C. §§ 2241 (c)(3), 2254 (a). See Peyton v. Rowe, 391 U. S. 54 (1968); Carajas v. LaVallee, 391 U. S. 234 (1968); Jones v. Cunningham, 371 U. S. 236 (1963). Petitioner initiated this action in the United States District Court for the Northern District of California, challenging a state court conviction on First and Fourteenth *346Amendment grounds. The court denied relief, holding that since the petitioner was enlarged on his own…