Parker v. Ellis

Parker v. Ellis, 362 U.S. 574 (1960), was a United States Supreme Court decision (per curiam) in which the court granted certiorari to review dismissal of petitioner's application for a habeas corpus review. The petitioner claimed that his conviction in a state court had violated the Fourteenth Amendment's Due Process Clause. However, the petitioner was released from incarceration before his case could be heard.

Parker v. Ellis
Supreme Court of the United States
Argued January 20, 1960 Decided May 16, 1960
Full case name	Parker v. Ellis
Citations	362 U.S. 574 (more) 80 S. Ct. 909; 4 L. Ed. 2d 963; 1960 U.S. LEXIS 1931
Holding
The case was now moot; therefore the court had no jurisdiction to evaluate the merits of petitioner's claim. The writ of certiorari was dismissed for lack of jurisdiction.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Tom C. Clark John M. Harlan II · William J. Brennan Jr. Charles E. Whittaker · Potter Stewart
Case opinions
Per curiam
Concurrence	Harlan, joined by Clark
Dissent	Warren, joined by Douglas, Black, Brennan
Dissent	Douglas, joined by Warren
Overruled by
Carafas v. LaVallee, 391 U.S. 234 (1968)

Decision

The court held that the case was now moot; therefore the court had no jurisdiction to evaluate the merits of petitioner's claim. The writ of certiorari was dismissed for lack of jurisdiction.

See also

• List of United States Supreme Court cases, volume 362
• Jones v. Cunningham, 371 U.S. 236 (1963)

Further reading

• Griffith, William C. (1960). "Federal Procedure: Habeas Corpus: Custody as a Prerequisite for Jurisdiction". Michigan Law Review. 59 (2). The Michigan Law Review Association: 312–316. doi:10.2307/1286331. JSTOR 1286331.

External links

• Text of Parker v. Ellis, 362 U.S. 574 (1960) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)