P a g e
Hensley v. Municipal Court, 411 U.S. 345 (1973)
and Carafasv. LaVallee, 391 U.S. 234 (1968)
2.The date of Judgment wasFebruary 13, 2009 Writ of certiorari was deniedJanuary27, 2012, by the Supreme Court of Puerto Rico, a motion forreconsideration was denied onMarch 30, 2012.3.The time of judgment of conviction was Five years and Sixmonths(suspended)
. The sentencing Judge was Hon. Abelardo Bermudez (now andappellate Judge).4.The nature of the offence convicted Art. 122 (third degree) was violation of Criminal Code.Article 122 requires aggression against a person the renderspermanent damage, but not requires medical attention, or specializedprofessional treatment ambulatory would be guilty of a crime in the fourthdegree. Aggravated to third degree.This is to say that the Government mustprove beyond reasonable doubt that petitioner Joseph Raymond Molina wasthe aggressor. The evidence at trial and admitted clearly showed the victimwas the aggressor.5.The sentence was for on count of Article 122 in the Third Degree
Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within themeaning of the federal habeas corpus statute, 28U.S.C. §§ 2241(c)(3), 2254(a). Pp. 411 U. S. 348-353.
Though the federal habeas corpus statute requires that the applicant be "in custody" when the habeas corpusapplication is filed, the relief that may be granted is not limited to discharging the applicant from physical custody,the statute providing that "the court shall . . . dispose of the matter as law and justice require." 28 U.S.C. § 2243.Parker v. Ellis, 362 U. S. 574 (1960), overruled. Pp. 391 U. S. 238-240.