Section 39 In Custody
| Library | Remedies 2006 |
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) and 2254(a). A person
in state custody may apply for habeas corpus for “a determination that future custody under a state-court judgment would
violate 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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