NCJ Number
15771
Journal
West Virginia Law Review Volume: 76 Issue: 2 Dated: (FEBRUARY 1974) Pages: 236-241
Date Published
1974
Length
6 pages
Annotation
DISCUSSION OF A 1973 U.S. SUPREME COURT DECISION ON TERRITORIAL LIMITS AFFECTING FEDERAL HABEAS CORPUS JURISDICTION.
Abstract
IN BRADEN V. JUDICIAL CIRCUIT COURT, THE U.S. SUPREME COURT OVERRULED THE PRECEDENT IN AHREN V. CLARK AND HELD THAT FEDERAL HABEAS CORPUS JURISDICTION IS NOT LIMITED TO PETITIONS FILED BY PERSONS PHYSICALLY WITHIN THE TERRIRORIAL LIMITS OF THE DISTRICT COURT, SO LONG AS THE COURT ISSUING THE WRIT HAS JURISDICTION OVER THE CUSTODIAN OF THE PRISONER. THE HISTORY OF HABEAS CORPUS AND THE UNITED STATES CASES WHICH HAD PREVIOUSLY GOVERNED HABEAS CORPUS JURISDICTION ARE REVIEWED. PRIOR TO BRADEN, AN INCONSISTENT SITUATION EXISTED. A PRISONER SERVING CONSECUTIVE STATE SENTENCES IN THE SAME PRISON COULD USE FEDERAL HABEAS CORPUS TO CHALLENGE A FUTURE SENTENCE, BUT A PRISONER SERVING CONSECUTIVE SENTENCES IN DIFFERENT STATES WAS UNABLE TO ATTACK THE FUTURE SENTENCE BECAUSE HE WAS NOT WITHIN THE SAME JURISDICTION AS HIS FUTURE JAILER. WHILE BRADEN CORRECTS THIS PROBLEM, THE AUTHOR ARGUES THAT SINCE BRADEN HAD NEITHER BEEN CONVICTED OF A CRIME NOR SENTENCED TO PRISON, THE EFFECT OF THE DECISION IN BRADEN V. JUDICIAL CIRCUIT COURT IS TO MAKE FEDERAL HABEAS CORPUS RELIEF AVAILABLE TO A STATE PRISONER WHO ONLY MIGHT BE REQUIRED TO SERVE A FUTURE STATE PRISON SENTENCE. HE CONTENDS THAT FEDERAL HABEAS CORPUS HAS THUS BEEN EXPANDED INTO A PRETRIAL TESTING DEVICE FOR AFFIRMATIVE DEFENSES WHICH COULD OTHERWISE ONLY BE AIRED AT TRIAL. (AUTHOR ABSTRACT MODIFIED)