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EDMUNDS v. WON BAE CHANG

No. 74-1463.

509 F.2d 39 (1975)

John S. EDMUNDS, Petitioner-Appellee, v. Robert WON BAE CHANG, Individually and in his capacity as Judge, First Circuit Court, State of Hawaii, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

January 2, 1975.

Attorney(s) appearing for the Case

George Pai, Atty. Gen. of Hawaii, Honolulu, Hawaii, for respondent-appellant.

Paul N. Halvonik, of Friedman, Sloan & Halvonik, San Francisco, Cal., Burnham H. Greeley, Honolulu, Hawaii, for petitioner-appellee.

Before LUMBARD, KOELSCH and DUNIWAY, Circuit Judges.

KOELSCH, Circuit Judge:

The primary question on this appeal is whether a person against whom a fine has been imposed by a state court is "in custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. §§ 2241, 2254. The district court, concluding that he is, proceeded to the merits of petitioner Edmunds' claim and granted a writ, 365 F.Supp. 941 (D.Hawaii 1973).1 We disagree...

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