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HENSLEY v. MUNICIPAL COURT, SAN JOSE-MILPITAS J. D., CAL.

No. C-70 1276 RFP.

365 F.Supp. 373 (1973)

Kirby J. HENSLEY, Petitioner, v. MUNICIPAL COURT, SAN JOSE-MILPITAS JUDICIAL DISTRICT, SANTA CLARA COUNTY, STATE OF CALIFORNIA, Respondent.

United States District Court, N. D. California.

August 2, 1973.

Attorney(s) appearing for the Case

Peter R. Stromer, San Jose, Cal., for petitioner.

Louis P. Bergna, Dist. Atty., County of Santa Clara, Dennis Alan Lempert, Deputy Dist. Atty., San Jose, Cal., for respondent.

ORDER

PECKHAM, District Judge.

This case is before this court on remand from the Supreme Court of the United States, to consider the petition for writ of habeas corpus. The Court reversed nullifying the prior Ninth Circuit rule that a person who was released on his own recognizance prior to the execution of a state sentence was not yet "in custody" within the meaning of 28 U.S.C. 2241(c)(3), 2254(a). Accordingly, this court must consider the merits of the...

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