Tuesday, June 12, 2012

Eleventh Circuit Activity

Diaz v. State of Florida, et al.


Opinion Date: June 11, 2012
Docket: 10-15202
Judge: Wilson
Areas of Law: Constitutional Law, Criminal Law

Petitioner appealed the district court's dismissal of his 28 U.S.C. 2254 petition for failure to meet the "in custody" requirement. The district court found that because petitioner had completely served the sentence imposed by the state court, he was no longer "in custody pursuant to the judgment of a State court" as required by section 2254(a). The court affirmed the district court's dismissal because petitioner served his state sentence and was presently in custody of a different sovereign.
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