Parker v. Ellis, 362 U.S. 574 (1960), was a United States Supreme Court decision (per curiam) in which the court granted certiorari to review dismissal of petitioner's application for a habeas corpus review. The petitioner claimed that his conviction in a state court had violated the Fourteenth Amendment's Due Process Clause. However, the petitioner was released from incarceration before his case could be heard.[1]
| Parker v. Ellis | |
|---|---|
 | |
| Argued January 20, 1960 Decided May 16, 1960 | |
| Full case name | Parker v. Ellis |
| Citations | 362 U.S. 574 (more) 80 S. Ct. 909; 4 L. Ed. 2d 963; 1960 U.S. LEXIS 1931 |
| Holding | |
| The case was now moot; therefore the court had no jurisdiction to evaluate the merits of petitioner's claim. The writ of certiorari was dismissed for lack of jurisdiction. | |
| Court membership | |
| |
| Case opinions | |
| Per curiam | |
| Concurrence | Harlan, joined by Clark |
| Dissent | Warren, joined by Douglas, Black, Brennan |
| Dissent | Douglas, joined by Warren |
Overruled by | |
| Carafas v. LaVallee, 391 U.S. 234 (1968) | |
Decision edit
The court held that the case was now moot; therefore the court had no jurisdiction to evaluate the merits of petitioner's claim. The writ of certiorari was dismissed for lack of jurisdiction.[1]
See also edit
References edit
Further reading edit
- Griffith, William C. (1960). "Federal Procedure: Habeas Corpus: Custody as a Prerequisite for Jurisdiction". Michigan Law Review. 59 (2). The Michigan Law Review Association: 312–316. doi:10.2307/1286331. JSTOR 1286331.
External links edit
- Text of Parker v. Ellis, 362 U.S. 574 (1960) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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