Section 15.38 In Custody
| Library | App Ct Prac 2015 Supp |
1. (§15.38) In Custody
Habeas corpus will only extend to a state prisoner who is in custody in violation of the constitution, laws, or treaties of the United States. 28 U.S.C. §§ 2241(c)(3), 2254(a). A person in state custody may apply for habeas corpus “for a determination that custody to which he may be subject in the future under a judgment of a state court will be in violation of the Constitution, laws, or treaties of the United States.” 2254 Rule 1(a)(2); Peyton v. Rowe, 391 U.S. 54 (1968)...
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