Rubio v. Davis

Texas man is civilly committed in 2011 for an indefinite period of time. He absconds from residential facility, is convicted in 2013 of failing to comply with sex offender registration requirements. He seeks federal habeas review of civil commitment order. District court: Ah, but you’re not “in custody” under the 2011 order; you’re in prison for the 2013 conviction. We can’t review the 2011 order. Fifth Circuit: Nope. He’s serving both sentences at the same time; back to the district court to address the merits.

Tags: 2018, Fifth Circuit, Habeas Corpus, Sentencing

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