DOW v. CIRCUIT COURT OF FIRST CIRCUIT

No. 92-15128.

995 F.2d 922 (1993)

Dwight O. DOW, Petitioner-Appellant, v. CIRCUIT COURT OF the FIRST CIRCUIT, through the Honorable Wendell K. HUDDY, Criminal Administrative Judge, et al., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1993.


Attorney(s) appearing for the Case

Earle A. Partington, Partington & Foley, Honolulu, Hawaii, for petitioner-appellant.

Wallace W. Weatherwax, Deputy Pros. Atty., City and County of Honolulu, Honolulu, Hawaii, for respondents-appellees.

Before: GOODWIN, TANG, and NOONAN, Circuit Judges.


PER CURIAM:

Dow appeals the denial of a writ of habeas corpus, 779 F.Supp. 139. The district court found that it lacked jurisdiction to entertain this petition, holding that mandatory class attendance does not amount to a severe restraint on an individual's liberty and that appellant is therefore not "in custody" within the meaning of 28 U.S.C. § 2254(a). We reverse.

Appellant was convicted by a Hawaii state court...

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