Phillips v. Court of Common Pleas, Hamilton County

How courts have described this case

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

• holding that 28 U.S.C. § 2254 applies to habeas petitions filed after a state-court judgment of conviction, but Section 2241 governs pretrial habeas petitions
• holding that pretrial detainees pursue habeas relief under § 2241 rather than § 2254 because they are in custody pursuant to indictment rather than judgment
• holding that while § 2254 applies after state-court judgment of conviction, § 2241 governs pre-trial petitions
• holding that state pretrial detainee who was “in custody pursuant to an indictment” and “not ‘pursuant to the judgment of a State court’” could pursue habeas relief under § 2241 without satisfying § 2254’s restrictions
• holding that district court erred in applying § 2254 because detainee is in custody pursuant to an indictment, rather than pursuant to a judgment; “We have long recognized that pretrial detainees pursue habeas relief instead under § 2241.” (citations omitted)
• stating that, “where a trial is terminated at the defendant’s urging, the Double Jeopardy Clause does not bar a retrial”

Source: CourtListener parenthetical corpus (CC0).