Hensley v. Municipal Court, 411 U.S. 345 (1973)

Hensley v. Municipal Court


No. 71-1428


Argued January 15, 1973
Decided April 18, 1973
411 U.S. 345

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. §§ 2241(c)(3), 2254(a). Pp. 348-353.

453 F.2d 1252, reversed and remanded.

BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed an opinion concurring in the result, post, p. 353. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and POWELL, J., joined, post, p. 354.