· 5/15/1989
Maleng v. Cook
Citations
- 490 U.S. 488
- 109 S. Ct. 1923
- 104 L. Ed. 2d 540
- 1989 U.S. LEXIS 2309
- 57 U.S.L.W. 4537
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that petitioner is not “in custody” under a conviction after the sentence has expired just because the prior conviction is used to enhance a subsequent sentence
- holding that once a sentence has been served, the petitioner is not “in custody” for purposes of attacking that conviction in a habeas petition
- concluding that a petitioner whose sentence “has completely expired” is no longer “in custody” under that sentence
- holding that a prisoner whose sentence has expired is no longer “in custody” for purposes of § 2254
- holding that a person is not “in custody” under a conviction after the sentence imposed for it has fully expired
- holding that custody does not attach if the petition is brought when the sentence is fully expired
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced 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.