Walker, Rowe and Carafas: The Expanding Concept of in Custody
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Authors
Cole, Daniel J. Jr.
Issue Date
1969
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|In the October 1967 term, the Supreme Court of the United States decided three cases which extended the use of the writ of habeas corpus in the federal court system. In the three cases, Walker v. Wainwright, Peyton v. Rowe, and Carafas v. LaVallee, the Court broadened the definition of the term "in custody" as used in the Federal Habeas Corpus Act. It is the purpose of this paper to explore the implications of those decisions and consider the possibility of future expansion of the remedy of habeas corpus in light of the continuing evolution of the "in custody" concept...
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Citation
2 Creighton L. Rev. 171 (1968-1969)
Publisher
Creighton University School of Law