home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- GARLOTTE v. FORDICE, GOVERNOR OF
- MISSISSIPPI
- certiorari to the united states court of appeals for
- the fifth circuit
- No. 94-6790. Argued April 24, 1995-Decided May 30, 1995
-
- A Mississippi trial court ordered that petitioner Garlotte serve, consec-
- utively, a 3-year prison sentence on a marijuana conviction, followed
- by concurrent life sentences on two murder convictions. State law
- required Garlotte to serve at least 10 months on the first sentence
- and 10 years on the concurrent sentences. Garlotte unsuccessfully
- sought state post-conviction collateral relief on the marijuana convic-
- tion. By the time those proceedings ended, he had completed the
- period of incarceration set for the marijuana offense, and had
- commenced serving the life sentences. The Federal District Court
- denied his subsequent federal habeas petition on the merits, but the
- Court of Appeals dismissed the petition for want of jurisdiction.
- The Court of Appeals adopted the State's position that Garlotte had
- already served out the prison time imposed for the marijuana
- conviction and, therefore, was no longer ``in custody'' under the
- conviction within the meaning of the federal habeas statute, 28
- U. S. C. 2254(a). The court rejected Garlotte's argument that he
- remained ``in custody'' because the marijuana conviction continued
- to postpone the date on which he would be eligible for parole.
- Held: Garlotte was ``in custody'' under his marijuana conviction when
- he filed his federal habeas petition. Pp. 4-8.
- (a) In Peyton v. Rowe, 391 U. S. 54, this Court allowed two
- prisoners incarcerated under consecutive sentences to apply for
- federal habeas relief from sentences they had not yet begun to
- serve. Viewing consecutive sentences in the aggregate, the Court
- held that a prisoner serving consecutive sentences is ``in custody''
- under any one of them for purposes of the habeas statute. A
- different construction of the statutory term ``in custody'' will not be
- adopted here simply because the sentence imposed under the chal-
- lenged conviction lies in the past rather than in the future. Maleng
- v. Cook, 490 U. S. 488-in which the Court held that a habeas
- petitioner could not challenge a conviction after the sentence im-
- posed for it had fully expired-does not control this case, for the
- habeas petitioner in Maleng, unlike Garlotte, was not serving
- consecutive sentences. Pp. 4-7.
- (b) Allowing a habeas attack on a sentence nominally completed
- is unlikely to encourage delay in the assertion of habeas challenges.
- A prisoner naturally prefers release sooner to release later, and
- delay is apt to disadvantage a petitioner-who has the burden of
- proof-more than the State. Moreover, under Habeas Corpus Rule
- 9(a), a district court may dismiss a habeas petition if the State has
- been prejudiced in its ability to respond because of inexcusable delay
- in the petition's filing. Pp. 7-8.
- 29 F. 3d 216, reversed and remanded.
- 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.
-