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Parker v. Ellis

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Parker v. Ellis
Argued January 20, 1960
Decided May 16, 1960
Full case nameParker v. Ellis
Citations362 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
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Tom C. Clark
John M. Harlan II · William J. Brennan Jr.
Charles E. Whittaker · Potter Stewart
Case opinions
Per curiam
ConcurrenceHarlan, joined by Clark
DissentWarren, joined by Douglas, Black, Brennan
DissentDouglas, joined by Warren
Overruled by
Carafas v. LaVallee, 391 U.S. 234 (1968)

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]

Decision

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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

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References

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  1. ^ a b Parker v. Ellis, 362 U.S. 574 (1960).

Further reading

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  • 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.
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