A man who has completed his sentence can still pursue a petition for a writ of habeas corpus because he was still technically “in custody” and there were continuing collateral consequences to his conviction going forward, a federal appeals court has held.
In a case presenting two issues of first impression, a divided U.S. Court of Appeals for the Second Circuit reinstated the habeas petition of Robert Nowakowski, who was convicted in state court of harassment in the second degree for a 2006 assault on a tenant in his building—one that he claims was fabricated by his landlord and neighbors.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
