Carafas v. LaVallee/Concurrence Harlan

Mr. Justice HARLAN and Mr. Justice STEWART, concurring.

Although we joined the per curiam decision in Parker v. Ellis, 362 U.S. 574, 80 S.Ct. 909, 4 L.Ed.2d 963, we are now persuaded that what the Court there decided was wrong insofar as it held that even though a man be in custody when he initiates a habeas corpus proceeding, the statutory power of the federal courts to proceed to a final adjudication of his claims depends upon his remaining in custody. Consequently we concur in the opinion and judgment of the Court.

Mr. Justice HARLAN also notes that his views upon the issue discussed in his separate concurring opinion in Parker, id., at 576, 80 S.Ct., at 911, have not changed.