Jones v. Cunningham
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| Jones v. Cunningham | ||||||
|---|---|---|---|---|---|---|
 | ||||||
| Argued December 3, 1962 Decided January 14, 1963 | ||||||
| Full case name | Jones v. Cunningham | |||||
| Citations | 371 U.S. 236 (more) | |||||
| Holding | ||||||
| A state prisoner who has been placed on parole, under the "custody and control" of a parole board, is "in custody" within the meaning of 28 U.S.C. § 2241; and, on his petition for a writ of habeas corpus, a Federal District Court has jurisdiction to hear and determine his charge that his state sentence was imposed in violation of the Federal Constitution | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
| Majority | Black, joined by Warren, Douglas, Clark, Harlan, Brennan, Stewart, White, Gildberg | |||||
| Laws applied | ||||||
| 28 USC 2241-2255 (habeas corpus) | ||||||
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Wikisource has original text related to this article: |
Jones v. Cunningham, 371 U.S. 236 (1963) was a Supreme Court case in which the court first ruled that state inmates had the right to file a writ of habeas corpus challenging both the legality and the conditions of their imprisonment. Prior to this, starting with Pervear v. Massachusetts, 72 U.S. 475 (1866), the court had maintained a "hands off" policy regarding federal interference with state incarceration policies and practices, maintaining that the Bill of Rights did not apply to the states.[1] Subsequently, in Cooper v. Pate (1964), an inmate successfully obtained standing to challenge the denial of his right to practice his religion through a habeas corpus writ.
References
- ↑ "Constitutional Topic: The Bill of Rights". U.S. Constitution Online. Retrieved 2007-12-10.
Further reading
- Gertmenian, Alfred (1963). "Criminal Procedure: The Custody Requirement for Habeas Corpus Relief in the Federal Courts". California Law Review 51 (1): 228–232. doi:10.2307/3478912.
External links
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