Wilson v. Flaherty, No. 11-6919 (4th Cir. 2012)
Annotate this CaseFive years after Eric Wilson fully served his sentence for a Virginia state rape conviction, he filed a habeas corpus petition to challenge his conviction. To satisfy the statute's jurisdictional requirement that he be "in custody" at the time he filed his petition, Wilson alleged that the sex offender registration requirements of Virginia and Texas law impose sufficiently substantial restraints on his liberty so as to amount to custody. The district court dismissed Wilson’s petition for lack of jurisdiction, holding that because he had fully served the sentence for his rape conviction, he was no longer "in custody," as required by statute. Upon review of the matter, the Fourth Circuit agreed with the district court and affirmed its decision.
The court issued a subsequent related opinion or order on August 17, 2012.
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