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PEYTON v. ROWE

No. 802.

391 U.S. 54 (1968)

88 S.Ct. 1549

20 L.Ed.2d 426

PEYTON, PENITENTIARY SUPERINTENDENT v. ROWE ET AL.

Supreme Court of United States.

Decided May 20, 1968.

Attorney(s) appearing for the Case

Reno S. Harp III, Assistant Attorney General of Virginia, argued the cause for petitioner. With him on the briefs was Robert Y. Button, Attorney General.

John J. Kirby, Jr., argued the cause for respondents, pro hac vice. With him on the brief was Thomas S. Currier.

Thomas C. Lynch, Attorney General, and Edward P. O'Brien, Derald E. Granberg, and Clifford K. Thompson, Jr., Deputy Attorneys General, filed a brief for the State of California, as amicus curiae, urging reversal.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

This case concerns the scope of 28 U. S. C. § 2241 (c) (3), which specifies that the United States District Courts may issue writs of habeas corpus on behalf of prisoners who are "in custody in violation of the Constitution . . . of the United States." The question presented is whether a district court may entertain a petition for a writ of habeas corpus from a prisoner incarcerated under consecutive...

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