Supreme Court of Iowa, 1966

Shirts v. State

Supreme Court of Iowa · Decided October 18, 1966 · Stuart, Takes, Thornton

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

Cases that cite this one

1 later published case cites this decision.

State of Iowa v. Victor Hernandez-Galarza (Iowa 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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