Skip to main content
· 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 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.