Jones v. Cunningham Page 17

Jones v. Cunningham general information

Media for Jones v. Cunningham

Audio Transcription for Oral Argument - December 03, 1962 in Jones v. Cunningham

Reno S. Harp, III:

He would not be in custody and the writ would not lie, sir.

Earl Warren:

Yes, that’s what I thought.

Reno S. Harp, III:

That -- that’s my understanding of it, sir.

I see my time has expired.

Earl Warren:

You have -- you have a few moments if you want to sum up.

I took a lot of your time, you may do it --

Reno S. Harp, III:

If I might --

Earl Warren:

-- about two or three --

Reno S. Harp, III:

Oh, I thank you, sir.

In summation then, we would say this, that in the first instance, the writ only lies when he is in custody.

Secondly, even if he were to or rather certainly, under the present situation with W.K. Cunningham, the Superintendent as the respondent, the writ does not lie because he’s not under custody of this respondent.

If the court below was in error in failing to grant the motion to substitute the Parole Board and if this Court should grant that motion then even if the Parole Board is there, the man is not within the jurisdiction of the Eastern District of Virginia.

In other decisions of this Court, the writ does not lie. Now, that is briefly our position insofar as the cited cases are concerned.

Moreover, we take the position that under the rules of this Court and the rules of the Fourth Circuit when he is released from custody and he is released from the custody of the respondent and nobody can argue with that and we can get into it -- to a differentiation of opinion perhaps, the difference of opinion as to what the Virginia statutes mean, but the -- under the rules of the court when he is released, he is released and he is released from custody.

The matter becomes moot under Rule 49(1) of this Court and that is briefly our position and the premises.

Thank you, sir.

Earl Warren:

Mr. Meador.

Daniel J. Meador:

May it please the Court.

I would have nothing to add unless there are questions on the bench.

Earl Warren:

Very well.

Daniel J. Meador:

Thank you, sir.

Earl Warren:

Mr. Meador, before you leave, I would like to express the appreciation of the Court for you having accepted this assignment to represent this indigent defendant.

Obviously, you and your associate, worked very diligently on it.

We appreciate your help.

Mr. Harp, we also appreciate the earnest and the way that you represented the state.

Reno S. Harp, III:

Thank you, Mr. Chief Justice.