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GARLOTTE v. FORDICE

No. 94-6790.

515 U.S. 39 (1995)

115 S.Ct. 1948

132 L.Ed.2d 36

GARLOTTE v. FORDICE, GOVERNOR OF MISSISSIPPI

Supreme Court of United States.

Decided May 30, 1995.

Attorney(s) appearing for the Case

Brian D. Boyle, by appointment of the Court, 513 U.S. 1125, argued the cause for petitioner. With him on the briefs were James R. Asperger and Matthew B. Pachman.

Marvin L. White, Jr., Assistant Attorney General of Mississippi, argued the cause for respondent. With him on the brief were Mike Moore, Attorney General, and Jo Anne M. McLeod and John L. Gadow, Special Assistant Attorneys General.*

Justice Ginsburg, delivered the opinion of the Court.

To petition a federal court for habeas corpus relief from a state-court conviction, the applicant must be "in custody in violation of the Constitution or laws or treaties of the United States." 28 U. S. C. § 2254(a); see also 28 U. S. C. § 2241(c)(3). In Peyton v. Rowe, 391 U.S. 54 (1968), we held that the governing federal prescription permits prisoners incarcerated...

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