Hensley v. Municipal Court
Supreme Court of the United States
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. §§ 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.