Jones v. Cunningham
Jones v. Cunningham | |||||||
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Argued December 3, 1962 Decided January 14, 1963 | |||||||
Full case name | Jones v. Cunningham | ||||||
Citations | |||||||
Prior history | Certiorari to the United States Court of Appeals for the Fourth Circuit | ||||||
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 unanimous | ||||||
Laws applied | |||||||
28 USC 2241-2255 (habeas corpus) | |||||||
This case overturned a previous ruling or rulings | |||||||
Pervear v. Massachusetts (1867) |
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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