Wednesday 27 March 2013

Ghosts Of New Ilano

CASE SUMMARY

PROCEDURAL POSTURE: Petitioner captive filed for a writ of habeas principal against respondent superintendent of correctional center, seeking to invalidate a September 24, 1992, lay revoking his countersignature. The unify States Court of Appeals for the Eighth Circuit affirm the district courts expelling of the petition.

OVERVIEW: On appeal, the prisoner argued that he had not received cod process in the parole revocation hearings. The prisoner was re-released on parole before the district court ruled. The Court affirmed the judgment. In so doing, the Court held that: (1) because the prisoner had completed the built-in term of imprisonment underlying the parole revocation, the petition for habeas corpus was moot; (2) the Court declined to presume that collateral consequences adequate to endure U.S. Const. art. IIIs injury-in-fact requirement resulted from the prisoners parole revocation; and (3) the prisoner had not exhibit such consequences, and, thus, the claim was moot.

OUTCOME: The judgment of the court of appeals was affirmed.

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nitty-gritty TERMS: parole, collateral consequence, sentence, parole revocation, revocation, moot, custody, reputation, felony, mootness, rape, concrete, criminal conviction, good name, disability, prisoner, prison, parole violation, per curiam, personal stake, case-or-controversy, expiration, invalidity, serving, convict, inmates, parole board, favorable-termination, incarceration, imprisonment

LexisNexis® Headnotes Hide Headnotes


Criminal Law & military operation > Habeas principal > Custody exigency > Custody Determinations > Early Release, war cry & Probation
Criminal Law & Procedure > Habeas Corpus > Custody Requirement > Custody Determinations > Satisfaction of Custody
Criminal Law & Procedure > Habeas Corpus > Custody Requirement > In-Custody Requirement
HN1
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