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WARD v. KNOBLOCK

Nos. 82-1743, 83-5152.

738 F.2d 134 (1984)

Michael Charles WARD, Plaintiff-Appellant, v. Huron County Circuit Judge KNOBLOCK, and Frank J. Kelley, (82-1743), Defendants-Appellees. William L. HERRON, Jr., Petitioner-Appellant, v. UNITED STATES of America, (83-5152), Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 28, 1984.

Rehearing and Rehearing Denied August 20, 1984.

Attorney(s) appearing for the Case

Richard A. Fromson, argued, Cleveland, Ohio, for plaintiff-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Thomas C. Nelson, Asst. Atty. Gen., Lansing, Mich., David Edick, argued, for defendants-appellees.

William Farmer, Federal Public Defender (Court-appointed), Paula D. Godsey, argued, Nashville, Tenn., for petitioner-appellant.

Ronald E. Meredith, U.S. Atty., Alexander T. Taft, Mikell Grafton McMurry, Hancy Jones, III, argued, Asst. U.S. Attys., Louisville, Ky., for respondent-appellee.

Before ENGEL, MERRITT and MARTIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied in No. 82-1743 August 20, 1984.

MERRITT, Circuit Judge.

In these two appeals we are presented with different but related problems, each requiring us to interpret the phrase "in custody" as it is used in the context of the writ of habeas corpus and the writ of error coram nobis, respectively. See 28 U.S.C. §§ 2241(c)(3) & 2254(a) (1982) (habeas corpus); 28 U.S.C. § 2255 (1982) (coram nobis).

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