Rubio v. Davis, No. 16-20671 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed the district court's dismissal of a petition for habeas corpus based on lack of jurisdiction. At issue was whether petitioner was "in custody" under the challenged state court judgment. The court held that, because it was undisputed that petitioner will be civilly committed upon the completion of his criminal sentence, he was "in custody" under the civil commitment order when he filed his 28 U.S.C. 2254 petition. Accordingly, the court remanded for the district court to consider the petition in the first instance.