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NELSON v. GEORGE

No. 595.

399 U.S. 224 (1970)

90 S.Ct. 1963

26 L.Ed.2d 578

NELSON, WARDEN v. GEORGE.

Supreme Court of United States.

Decided June 29, 1970.

Attorney(s) appearing for the Case

Louise H. Renne, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Edward P. O'Brien, Deputy Attorney General.

George A. Cumming, Jr., by appointment of the Court, 397 U.S. 901, argued the cause and filed a brief for respondent.

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

We granted the writ in this case to consider whether the respondent, presently confined in California under a state conviction, may utilize the federal courts in California to test the validity of a North Carolina sentence before beginning to serve that sentence and while under a detainer filed by North Carolina. Respondent claims the sentence yet to be served in North Carolina is "consecutive" under

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