Shirts v. State

Supreme Court of Iowa

Shirts v. State

145 N.W.2d 465, 259 Iowa 726, 1966 Iowa Sup. LEXIS 874

CourtSupreme Court of Iowa

DecidedOctober 18, 1966

DocketNo. 51965

StatusPublished

Cited by1 cases

This text of 145 N.W.2d 465 (Shirts v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shirts v. State, 145 N.W.2d 465, 259 Iowa 726, 1966 Iowa Sup. LEXIS 874 (iowa 1966).

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Opinion

Stuart, J.

Plaintiff instituted this action for a writ of habeas corpus to secure his release from the Des Moines County jail. Plaintiff’s counsel acknowledged in oral argument on appeal that after trial plaintiff had been returned to California under extradition proceedings as a parole violator and had since been released and discharged from prison, was sitting in the Supreme Court Chamber and was in no way currently deprived of his liberty. Habeas corpus is a summary remedy available to a person who is illegally restrained. Code of Iowa, section 663.1. Since plaintiff is no longer restrained, the question is moot and the appeal is dismissed at plaintiff’s costs. Ex parte Bell, 328 Mich. 185, 43 N.W.2d 321; 39 C. J. S. 730, 731, Habeas Corpus, section 118. — Appeal dismissed.

All Justices concur except Thornton, J., who takes no part.

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Stuart, J.

Plaintiff instituted this action for a writ of habeas corpus to secure his release from the Des Moines County jail. Plaintiff’s counsel acknowledged in oral argument on appeal that after trial plaintiff had been returned to California under extradition proceedings as a parole violator and had since been released and discharged from prison, was sitting in the Supreme Court Chamber and was in no way currently deprived of his liberty. Habeas corpus is a summary remedy available to a person who is illegally restrained. Code of Iowa, section 663.1. Since plaintiff is no longer restrained, the question is moot and the appeal is dismissed at plaintiff’s costs. Ex parte Bell, 328 Mich. 185, 43 N.W.2d 321; 39 C. J. S. 730, 731, Habeas Corpus, section 118. — Appeal dismissed.

All Justices concur except Thornton, J., who takes no part.

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Bluebook (online)

145 N.W.2d 465, 259 Iowa 726, 1966 Iowa Sup. LEXIS 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirts-v-state-iowa-1966.

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