Lucas v. State of New York

Background

Troy Lucas, who was representing himself, filed a petition under 28 U.S.C. § 2254, the federal law allowing a person in state custody to challenge a conviction on constitutional or federal-law grounds. He challenged his January 23, 2003 conviction in New York State Supreme Court, New York County, for one count of first-degree sodomy and one count of endangering the welfare of a child. He had received concurrent prison sentences of 10 years and one year.

Lucas was being held at Manhattan Psychiatric Center when he filed the petition, but the opinion states that the basis for that detention was unclear. The court's review of New York corrections records showed that Lucas had been released from Attica Correctional Facility on September 13, 2010. The court concluded that he was no longer in custody under the 2003 conviction.

Reasoning

Federal district courts may grant habeas relief under Section 2254 only to a person who is in custody under the state-court judgment being challenged. The court explained that this custody requirement must exist when the petition is filed. Because Lucas was not in custody under the January 23, 2003 conviction, the court held that his petition could not proceed.

Disposition

The court denied the petition for a writ of habeas corpus. It also ruled that no certificate of appealability would issue because the petition did not make a substantial showing that a constitutional right had been denied. The court denied Lucas permission to proceed without paying fees for an appeal, certified that an appeal would not be taken in good faith, and directed the clerk to enter judgment.