Hensley v. Municipal Court

Supreme Court of the United States

411 U.S. 345

Hensley  v.  Municipal Court, San Jose-Milpitas Judicial District, Santa Clara County

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 71-1428.  Argued: January 15, 1973 --- Decided: April 18, 1973

Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. ยงยง 2241 (c)(3), 2254 (a). Pp. 348-353.

453 F.2d 1252, reversed and remanded.


BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed an opinion concurring in the result, post, p. 353. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and POWELL, J., joined, post, p. 354.


Stanley A. Bass argued the cause for petitioner. With him on the brief were Jack Greenberg and Peter R. Stromer.

Dennis Alan Lempert argued the cause for respondent. With him on the brief was Louis P. Bergna.

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