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· 10/31/2001

Luster v. West Palm Beach Housing Authority

Citations

  • 801 So. 2d 122
  • 2001 Fla. App. LEXIS 15285
  • 2001 WL 1334985

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that, “to challenge [an] Alaska conviction under § 2254, [a petitioner] must demonstrate that (1) he was ‘in custody’ at the time he filed his § 2254 petition, and (2) that custody was ‘pursuant to’ the Alaska judgment.” (quoting 28 U.S.C. § 2254(a))
  • to challenge a state conviction under § 2254, petitioner “must demonstrate that (1) he 24 was ‘in custody’ at the time he filed his § 2254 petition, and (2
  • “[T]he challenged judgment must be the source of the petitioner’s custody.”
  • to 25 challenge a state conviction under § 2254, petitioner “must demonstrate that (1) he was ‘in custody’ at 26 the time he filed his § 2254 petition, and (2) that custody was ‘pursuant to’ the [state court] 27 judgment”
  • “[T]here must be a nexus between ‘the judgment 8 of a State court’ the petitioner is challenging and the ‘custody’ upon which the 9 petitioner relies to establish jurisdiction. Put differently, the challenged judgment 10 must be ‘the source of the petitioner’s custody.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Klein, Shahood, Warner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.