RODRIGUEZ

v.

SECRETARY OF HEALTH, EDUCATION, AND WELFARE

Citator

Cited By (14 total)

• In the Interest of W.B., 428 So. 2d 309 (Fla. 4th DCA 1983)
  …it is sought by one who is out on bail prior to trial. (Footnotes omitted.) See also Escobedo v. Estelle, 655 F. 2d 613, 614 (5th Cir.1981), wherein the court said: We held in Sinclair v. Blackburn, 599 F. 2d 673, 676 (5th Cir.1979), cert. denied, 444 U.S. 1023, 100 S.Ct. 684, 62 L.Ed.2d 654 (1980), that “ ‘in custody’ does not necessarily mean ‘in custody for the offense being attacked.’ Instead, jurisdiction exists if there is a positive, demonstrable relationship between the prior conviction and the pet…
• Carter v. Estelle, 677 F.2d 427 (5th Cir. 1982)
  …rement for the purpose of an attack on the former sentence. See generally Escobedo v. Estelle, supra (suggesting that requirement may be satisfied, if, according to the rule of Sinclair v. Blackburn, 599 F. 2d 673, 676 (5th Cir. 1979), cert. denied, 444 U.S. 1023, 100 S.Ct. 684, 62 L.Ed.2d 656 (1980), petitioner can show a positive, demonstrable relationship between the prior conviction and the petitioner’s present incarceration.) Relying on Escobedo and the doctrine of Wainwright v. Sykes, 433 U.S. 72, 97 S…
• Escobedo v. Estelle, 655 F.2d 613 (5th Cir. 1981)
  …n may well have been sufficient to satisfy the “in custody” requirement, notwithstanding the fact that he had already completed his sentence for the 1970 conviction. We held in Sinclair v. Blackburn, 599 F. 2d 673, 676 (5th Cir. 1979), cert. denied, 444 U.S. 1023, 100 S.Ct. 684, 62 L.Ed.2d 654 (1980), that “ ‘in custody’ does not necessarily mean ‘in custody for the offense being attacked.’ Instead, jurisdiction exists if there is a positive, demonstrable relationship between the prior conviction and the pet…