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GARLOTTE v. FORDICE

No. 94-6790.

515 U.S. 39 (1995)

GARLOTTE v. FORDICE, GOVERNOR OF MISSISSIPPI

United States Supreme Court.

Decided May 30, 1995.

Attorney(s) appearing for the Case

Brian D. Boyle, by appointment of the Court, 513 U.S. 1125, argued the cause for petitioner. With him on the briefs were James R. Asperger and Matthew B. Pachman.

Marvin L. White, Jr., Assistant Attorney General of Mississippi, argued the cause for respondent. With him on the brief were Mike Moore, Attorney General, and Jo Anne M. McLeod and John L. Gadow, Special Assistant Attorneys General.*

Ginsburg, J.,delivered the opinion of the Court, in which Stevens, O'Connor, Scalia, Kennedy, Souter, and Breyer, JJ.,joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 47.

Justice Ginsburg, delivered the opinion of the Court.

To petition a federal court for habeas corpus relief from a state-court conviction, the applicant must be "in custody in violation of the Constitution or laws or treaties of the United States." 28 U. S. C. § 2254(a); see also 28 U. S. C. § 2241(c)(3). In Peyton v. Rowe, 391 U.S. 54 (1968), we held that the governing federal prescription permits prisoners incarcerated...

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