MARKS v. REES

No. 82-1994.

715 F.2d 372 (1983)

Troy E. MARKS, Petitioner-Appellant, v. John D. REES and Linley Pearson, Attorney General of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1983.


Attorney(s) appearing for the Case

David Youngerman, Chicago, Ill., for petitioner-appellant.

David L. Steiner, Indianapolis, Ind., for respondents-appellees.

Before PELL and FLAUM, Circuit Judges, and GRANT, Senior District Judge.


PELL, Circuit Judge.

Petitioner Troy E. Marks appeals from the district court's denial of his petition for a writ of habeas corpus. The court held that the petitioner was not "in custody" within the meaning of 28 U.S.C. § 2254 and had not exhausted his state post-conviction remedies. The issue before us is whether Marks may be deemed in the custody of Indiana officials because of Kentucky's use of his prior Indiana conviction, even though Marks is in the actual...

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