· 6/11/2012
Ruben Diaz v. State of Florida Fourth Judicial Circuit
Citations
- 683 F.3d 1261
- 2012 WL 2077189
- 2012 U.S. App. LEXIS 11821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the petitioner must be “in custody pursuant to the state judgment that is the subject of collateral attack”
- explaining that the “core purpose of habeas review identified in Garlotte -- the shortening of the overall term of incarceration -- [was] not implicated” under the circumstances (quotations omitted)
- explaining that the “in custody” requirement is jurisdictional
- explain- ing the finding a petitioner is not “in custody” for purposes of § 2254(a) is a jurisdictional question reviewed de novo
- “Diaz’s state sentence had fully expired at the time he filed his § 2254 petition and therefore deprived the district court of jurisdiction to decide the petition’s merits.”
- “Although we broadly construe the phrase ‘in custody,’ that requirement has not been extended to cover a scenario where a petitioner suffers no ‘present restraint’ from the conviction being challenged.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Wilson, Vinson
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.