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JONES v. CUNNINGHAM

No. 77.

371 U.S. 236 (1963)

JONES v. CUNNINGHAM, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

Decided January 14, 1963.

Attorney(s) appearing for the Case

Daniel J. Meador argued the cause for petitioner. With him on the brief was F. D. G. Ribble.

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

MR. JUSTICE BLACK delivered the opinion of the Court.

A United States District Court has jurisdiction under 28 U. S. C. § 2241 to grant a writ of habeas corpus "to a prisoner . . . in custody in violation of the Constitution. . . of the United States." The question in this case is whether a state prisoner who has been placed on parole is "in custody" within the meaning of this section so that a Federal District Court has jurisdiction to hear and determine his...

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