United States ex rel. Scranton v. New York

MEMORANDUM AND ORDER

OWEN, District Judge.

Petitioner Agnes Scranton, charged with murder of her infant child, has filed a habeas corpus petition seeking dismissal of the New York State criminal indictment on the grounds that she has been denied her right to a speedy trial.1 Her petition poses two threshold jurisdictional questions. First, whether, being at liberty on pretrial parole, she satisfies the “custody” requirement for a habeas petition,2 and second, whether with her state trial pending, she must present her claim at such a trial before she is deemed to have exhausted her state…