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HENSLEY V. MUNICIPAL COURT, 411 U. S. 345 (1973)

U.S. Supreme Court

Hensley v. Municipal Court, 411 U.S. 345 (1973)

Hensley v. Municipal Court

No. 71-1428

Argued January 15, 1973

Decided April 18, 1973

411 U.S. 345


Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. §§ 2241(c)(3), 2254(a). Pp. 411 U. S. 348-353.

453 F.2d 1252, reversed and remanded.

BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed an opinion concurring in the result, post, p. 411 U. S. 353. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and POWELL, J., joined, post, p. 411 U. S. 354.

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