1. Home
  2. Browse Decisions
  3. F.2d
  4. 934 F.2d
  5. 934 F.2d 52 (1991)
 

BERNARD v. GARRAGHTY

No. 89-6022.

934 F.2d 52 (1991)

Peter Emmanuel BERNARD, Petitioner-Appellant, v. David A. GARRAGHTY, Warden, N.C.C.; Attorney General of the Commonwealth of Virginia; Robert H. Anderson, III, Assistant Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Mark Seifert, Third-Year Law Student, Post-Conviction Assistance Project, Harold J. Krent, argued (Jody S. Kraus, University of Virginia School of Law, Charlottesville, Va., on brief), for petitioner-appellant.

Robert H. Anderson, III, Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen. of Virginia, Richmond, Va., on brief), for respondents-appellees.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

ERVIN, Chief Judge:

This appeal raises the issue of whether a prisoner serving the second of two consecutive state sentences is "in custody" for purposes of bringing a federal habeas corpus challenge against the first sentence already served. The Supreme Court in Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426 (1968), has decided this issue for us. Therefore, we reverse the magistrate judge's dismissal of the prisoner...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases