Sabisch v. MoyerAnnotate this Case
The Court of Appeals affirmed the judgment of the Court of Special Appeals determining that, to be entitled to habeas corpus relief under Md. Code Ann. Cts. & Jud. Proc. (CJ) 3-702(a), a person must be physically restrained within Maryland and that Petitioner was not entitled to habeas corpus relief in this case because he was not physically restrained within the State, holding that because Petitioner filed his habeas corpus when he was not significantly restrained in Maryland he was not eligible to seek habeas corpus relief pursuant to CJ 3-702(a).
Petitioner was found guilty of fourth-degree sex offense and placed on probation. The district court later found that Petitioner had violated his probation and modified the conditions of probation to be "unsupervised" so that Petitioner could move from Maryland to Michigan. Thereafter, Petitioner filed his habeas corpus petition. The circuit court denied the petition. The Court of Special Appeals dismissed Petitioner's appeal because Petitioner was neither physically restrained nor within the State when he filed his petition. The Court of Appeals affirmed, holding that, under CJ 3-702(a), to be eligible to seek habeas corpus relief, a person must be committed detained, confined, or restrained in the State.