Federal Procedure- Habeas Corpus-Custody as a Prerequisite for Jurisdiction
Having exhausted his state remedies in seeking a reversal of a 1954 conviction for forgery, petitioner applied in May 1956 for a writ of habeas corpus in a federal district court alleging, inter alia, that his conviction without benefit of counsel was a denial of due process under the fourteenth amendment. After dismissal by that court and affirmance by the court of appeals, the Supreme Court granted certiorari in March 1959. Pending a decision, petitioner completed his sentence and was released from prison. In a per curiam opinion, held, dismissed, four Justices dissenting. In a habeas corpus proceeding the Court is without jurisdiction if the petitioner is not in custody at the time the judgment will become effective. Parker v. Ellis, 362 U.S. 574 (1960).