Parker v. Ellis Page 11

Parker v. Ellis general information

Media for Parker v. Ellis

Audio Transcription for Oral Argument - January 20, 1960 (Part 2) in Parker v. Ellis

Audio Transcription for Oral Argument - January 20, 1960 (Part 1) in Parker v. Ellis

Potter Stewart:

Don't bother, it's late.

Do it during lunch time.

Leon F. Pesek:

Very well, sir.

In the case of Wales versus Whitney, 114 United States 564, in speaking of the writ of habeas corpus as this Court stated that its purpose is to enable the Court to inquire first if petitioner is restrained of his liberty.

If he is not, the Court can do nothing but discharge the writ.

There must be actual confinement or the present means of enforcing it.

Earl Warren:

We'll recess now, Mr. Pesek.