Opinion · Supreme Court of the United States
Carafas v. LaVallee
391 U.S. 234
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1968-05-20
- Topic
- litigation
How later courts describe this case
- holding that in making a custody determination, a court looks to the date that the habeas petition was filed
- holding that, although a sentence has been served, the presence of "collateral consequences” can save a case from mootness
- holding that once federal jurisdiction has attached, it is not defeated by the petitioner’s release prior to completion of the proceedings on his habeas application
- holding that expiration of the sentence after habeas petition was filed did not make petition moot
- holding that, for mootness purposes, a petitioner is “in custody” if he is burdened by the “collateral consequences” of the challenged conviction
- holding that a challenge to a criminal conviction is not moot when the defendant continues to face adverse consequences from the conviction
- holding that the defendant’s inability to engage in certain businesses, serve in particular offices, vote, and serve as a juror due to his conviction defeated the mootness challenge to his appeal
- holding that prisoner’s unconditional release did not render his habeas challenge moot because his criminal conviction precluded him from holding public office, voting in state elections and serving as a juror
Citator
Carafas v. LaVallee has been questioned or limited by later authorities: relies on overruled authority: 362 U.S. 574 (overruled by Carafas v. LaVallee, 391 U.S. 234 (1968)). Read them before relying on it. 1,587 later decisions cite it.
- Authority status
- caution
- Cited by
- 1587 opinions
- Distinguished
- 1 times
Headnotes
- Habeas Corpus — Mootness The expiration of a petitioner's sentence and his unconditional release from custody before his habeas corpus application is finally adjudicated does not render the case moot, because a conviction imposes collateral consequences—such as disqualification from engaging in certain businesses, serving as a union official, voting, or serving as a juror—that constitute a substantial stake in the judgment of conviction surviving the satisfaction of the sentence imposed.
- Habeas Corpus — Jurisdiction Federal habeas corpus jurisdiction attaches when the application is filed while the applicant is in custody, and once attached in the District Court, it is not defeated by the petitioner's release prior to the completion of proceedings on the application.
- Habeas Corpus — Relief The federal habeas corpus statute does not limit the relief that may be granted to discharge of the applicant from physical custody; it provides that the court shall dispose of the matter as law and justice require, and the 1966 amendments contemplate relief other than immediate release from physical custody.
- Habeas Corpus — Appeal in Forma Pauperis When a district judge grants a certificate of probable cause, the court of appeals must grant an appeal in forma pauperis, assuming the requisite showing of poverty, and proceed to a disposition of the appeal in accord with its ordinary procedure.
- Habeas Corpus — Certificate of Probable Cause Where a certificate of probable cause has been granted, a court of appeals may take summary action on the appeal without giving the parties full opportunity to submit briefs and argument if the appeal is frivolous, but enough must appear to demonstrate the basis for the court's summary action; anything less would negate the office of the certificate of probable cause.
delivered the opinion of the Court.
This case has a lengthy procedural history. In 1960, petitioner was convicted of burglary and grand larceny in New York state court proceedings and was sentenced to concurrent terms of three to five years. On direct appeal (following Mapp v. Ohio, 367 U. S. 643 (1961)), petitioner claimed that illegally obtained evidence had been introduced against him at trial. The Appellate Division affirmed the conviction without opinion, People v. Carafas, 14 App. Div. 2d 886, 218 N. Y. S. 2d 536 (1961), as did the New York Court of Appeals, 11 N. Y. 2d 891, 182 N. E.
Thereafter, complex proceedings took place in which petitioner sought in both federal and state courts to obtain relief by writ of habeas corpus, based on his claim that illegally seized evidence was used against him. 334 F. 2d 331 (1964); petition for writ of certiorari denied, 381 U. S. 951 (1965). On November 5, 1965, the United States District Court, as directed by the United States Court of Appeals for the Second Circuit (334 F. 2d 331 (1964)), heard petitioner’s claim on the merits. It dismissed his petition on the ground that he had failed to show a violation of his Fourth Amendment rights. Petitioner appealed in circumstances hereinafter related. The Court of Appeals for the Second Circuit dismissed the appeal. On March 20, 1967, a petition for a writ of certiorari was filed here. We granted the petition, 389 U. S. 896 (1967), to consider whether, because of facts to which we later refer, the Court of Appeals’ dismissal conformed to our holding in Nowakowski v. Maroney, 386 U. S. 542 (1967). But first we must consider the State’s contention that this case is now moot because petitioner has been unconditionally released from custody.
Petitioner applied to the United States District Court for a writ of habeas corpus in June 1963. He was in custody at that time. On March 6, 1967, petitioner’s sentence expired,2 and he was discharged from the parole status in which he had been since October 4, 1964. We issued our writ of certiorari on October 16, 1967 (389 U. S. 896).
Parker v. Ellis held that when a prisoner was released from state prison after having served his full sentence, this Court could not proceed to adjudicate the merits of the claim for relief on his petition for habeas corpus which he had filed with the Federal District Court. This Court held that upon petitioner’s unconditional release the case became "moot.” Parker was announced in a per curiam decision.3
It is clear that petitioner’s cause is not moot. In consequence of his conviction, he cannot engage in certain businesses;4 he cannot serve as an official of a labor union for a specified period of time; 5 he cannot vote in any election held in New York State;6 he cannot serve as a juror.7 Because of these “disabilities or burdens [which] may flow from” petitioner’s conviction, he has “a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him.” Fiswick v. United States, 329 U. S. 211, 222 (1946). On account of these “collateral consequences,” 8 the case is
The substantial issue, however, which is posed by Parker v. Ellis, is not mootness in the technical or constitutional sense, but whether the statute defining the habeas corpus jurisdiction of the federal judiciary in respect of persons in state custody is available here. In Parker v. Ellis, as in the present case, petitioner’s application was filed in the Federal District Court when he was in state custody, and in both the petitioner was unconditionally released from state custody before his case could be heard in this Court. For the reasons which we here summarize and which are stated at length in the dissenting opinions in Parker v. Ellis, we conclude that under the statutory scheme, once the federal jurisdiction has attached in the District Court, it is not defeated by the release of the petitioner prior to completion of proceedings on such application.
The federal habeas corpus statute requires that the applicant must be “in custody” when the application for habeas corpus is filed. This is required not only by the repeated references in the statute,9 but also by the history of the great writ.10 Its province, shaped to guarantee the most fundamental of all rights,11 is to provide an effective and speedy instrument by which judicial inquiry may be had into the legality of the detention of a person. See Peyton v. Rowe, ante, p. 54.12
In the present case, petitioner filed his application shortly after June 20, 1963, while he was in custody. He was not released from custody until March 6, 1967, two weeks before he filed his petition for certiorari here. During the intervening period his application was under consideration in various courts. Petitioner is entitled to consideration of his application for relief on its merits. He is suffering, and will continue to suffer, serious disabilities because of the law’s complexities and not because of his fault, if his claim that he has been illegally convicted is meritorious. There is no need in the statute, the Constitution, or sound jurisprudence for denying to petitioner his ultimate day in court.
This case illustrates the validity of The Chief Justice’s criticism that the doctrine of Parker simply aggravates the hardships that may result from the “intolerable delay[s] in affording justice.” Parker v. Ellis, supra, at 585 (dissenting opinion). The petitioner in this case was sentenced in 1960. He has been attempting to liti
We turn now to the substance of the question as to which we granted certiorari. Petitioner’s first hearing on the merits in the Federal District Court was held on November 5, 1965.15 The District Court dismissed the petition for habeas corpus, denying petitioner’s claim that evidence used against him had been obtained by an illegal search and seizure. The District Court issued a
In Nowakowski, we held that “when a district judge grants ... a certificate [of probable cause], the court of appeals must grant an appeal in forma pauperis (assuming the requisite showing of poverty), and proceed to a disposition of the appeal in accord with its ordinary procedure.” At 543. Although Nowakowski was decided after the Court of Appeals dismissed petitioner’s appeal, its holding applies to a habeas corpus proceeding which, like this one, was not concluded at the time Nowakowski was decided. Cf. Eskridge v. Washington Prison Board, 357 U. S. 214 (1958); see also Linkletter v. Walker, 381 U. S. 618, 628, n. 13 and 639, n. 20 (1965); Tehan v. Shott, 382 U. S. 406, 416 (1966).
Respondent argues that the denial of the motion to proceed in forma pauperis by the Court of Appeals in this case and the dismissal of the appeal were permissible because the Court had before it the entire District Court record and because respondent’s motion to dismiss and
Accordingly, the judgment below is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further proceedings consistent with this opinion.
It is so ordered.
Mr. Justice Marshall took no part in the consideration or decision of this case.The New York Court of Appeals amended its remittitur to reflect that it had passed on petitioner’s constitutional claim. 11 N. Y. 2d 969, 183 N. E. 2d 697 (1962).
It appears that petitioner was on bail after conviction until this Court denied his earlier petition for a writ of certiorari. 372 U. S. 948 (March 18, 1963).
The Chief Justice and Justices Black, Douglas, and BreNnan dissented.
E. g., New York Education Law §§ 6502, 6702; New York General Business Law §74, subd. 2; New York Real Property Law § 440-a; New York Alcoholic Beverage Control Law § 126.
73 Stat. 536, 29 U. S. C. § 504.
New York Election Law § 152, subd. 2.
New York Judiciary Law §§ 596, 662.
Undoubtedly there are others. See generally Note, Civil Disabilities of Felons, 53 Va. L. Rev. 403 (1967).
See 28 U. S. C. §§ 2241, 2242, 2243, 2244, 2245, 2249, 2252, 2254.
See 9 W. Holdsworth, History of English Law 108-125 (1926).
E. g., Article 39 of the Magna Carta (see 9 W. Holdsworth, at 112-125). The federal habeas corpus statute grants jurisdiction to inquire into violations of the United States Constitution.
If there has been, or will be, an unconditional release from custody before inquiry can be made into the legality of detention, it has been held that there is no habeas corpus jurisdiction. See
Petitioner was convicted in 1960. He took his case through the state appellate process, and this Court denied a writ of certiorari in March 1963. 372 U. S. 948. In June 1963 petitioner began his quest for a writ of habeas corpus in the federal courts. The District Court denied the petition without prejudice, suggesting, in view of what the judge thought was the unsettled state of New York law, that petitioner reapply to the state courts. See 28 U. S. C. § 2254. Petitioner did so, and apparently at the same time appealed to the United States Court of Appeals for the Second Circuit. The state courts denied relief a second time. The United States Court of Appeals reversed the District Court and ordered a hearing on the merits. 334 F. 2d 331 (1964). This Court denied the State’s petition for a writ of certiorari. 381 U. S. 951 (1965). The hearing ordered by the Court of Appeals was held by the District Court on November 5, 1965. The petition was dismissed on the merits on May 2, 1966. Petitioner’s appeal to the Second Circuit was dismissed on February 3, 1967, and a petition for rehearing was denied on February 21, 1967, A petition for a writ of certiorari was filed here on March 20, 1967, and granted on October 16, 1967, 389 U. S. 896, about seven years after petitioner’s conviction..
See Thomas v. Cunningham, 335 F. 2d 67 (C. A. 4th Cir. 1964).
See n. 13, supra.