Can an expired criminal conviction be considered "in custody" for purposes of a habeas application?
MultiRegion, United States of America
The following excerpt is from Rose v. California, Case No.: 21-cv-0267-CAB-BGS (S.D. Cal. 2021):
individual 'in custody' for the purposes of a habeas attack upon it." Maleng, 290 U.S. at 490; see Feldman v. Perrill, 902 F.2d 1445, 1448 (9th Cir. 1990) (stating that an expired conviction cannot satisfy the "in custody" requirement).
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