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· 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 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.