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HENSLEY v. MUNICIPAL COURT

No. 71-1428.

411 U.S. 345 (1973)

93 S.Ct. 1571

36 L.Ed.2d 294

HENSLEY v. MUNICIPAL COURT, SAN JOSEMILPITAS JUDICIAL DISTRICT, SANTA CLARA COUNTY.

Supreme Court of United States.

Decided April 18, 1973.

Attorney(s) appearing for the Case

Stanley A. Bass argued the cause for petitioner. With him on the brief were Jack Greenberg and Peter R. Stromer.

Dennis Alan Lempert argued the cause for respondent. With him on the brief was Louis P. Bergna.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

This case requires us to determine whether a person released on his own recognizance is "in custody" within the meaning of the federal habeas corpus statute, 28 U. S. C. § 2241 (c) (3), 2254 (a). See Peyton v. Rowe, 391 U.S. 54 (1968); Carafas v. LaVallee, 391 U.S. 234 (1968); Jones v. Cunningham,

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