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The petitioner, in his application, proceeds upon the ground that he is held in custody in violation of the Constitution of the United States.
For example, they compare complete sets of fingerprints in the files with new arrivals — as when a suspect is held in custody and the police send his "ten-prints" to I.A.F.I.S.
We cannot suppose that congress intended to compel those courts, by such means, to draw to themselves, in the first instance, the control of all criminal prosecutions commenced in state courts exercising authority within the same territorial limits, where the accused claims that he is held in custody in violation of the constitution of the United States.
It is alleged in the petitionsneither one of which, however, is accompanied by a copy of the indictment in the state court, nor by any statement giving a reason why such a copy was not obtainedthat the appellant is held in custody under process of a state court in which he stands indicted for an alleged offense against the laws of Virginia.
Our jurisdiction to review the decision is questioned also because of the nature of the case, it being a proceeding in habeas corpus brought to obtain the discharge of one who is held in custody to answer a charge of violating a state statute alleged to be invalid by reason of its conflict with the Constitution of the United States.
In these cases, lawyers for death row inmates can ask a state court judge for a review or ask a federal judge to grant a writ of habeas corpus, a legal judgment that a defendant is held in custody in violation of the Constitution.
Similar(52)
He is currently being held in custody.
He is being held in custody.
He was being held in custody in Los Angeles.
They are being held in custody on suspicion of murder.
Officials said he was being held in custody.
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