# Miller v. Hiatt

> District Court, M.D. Pennsylvania · August 7, 1943 · 50 F. Supp. 915

URL: https://www.frixlaw.com/law-library/cases/8873776

## Case

- **Full name:** MILLER v. HIATT, Warden
- **Court:** District Court, M.D. Pennsylvania
- **Decided:** August 7, 1943
- **Citations:** 50 F. Supp. 915; 1943 U.S. Dist. LEXIS 2519
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Johnson
- **Judges:** Johnson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8873776

## Opinion text

JOHNSON, District Judge.
The petitioner, Edward Harris Miller, has filed a petition for a writ of habeas corpus. The facts, as they appear from the allegations in the petition, are that, having served a penitentiary sentence less good time, he was conditionally released subject to the parole provisions of 18 U.S. C.A. 716b; that, while thus conditionally released under parole supervision, a parole violation warrant issued and he was also during this period charged with and convicted of another crime and is now serving a penitentiary sentence imposed thereunder. The parole violation warrant has been lodged against him in the nature of a detainer. His contention is that this warrant cannot be thus lodged as a detainer and served after he has completed the service of his present sentence.
The petitioner is at the present time legally restrained of his liberty under a sentence imposed by the United States District Court and which sentence is not in question in his present petition for habeas corpus; and whether or not a warrant lodged as a detainer is valid or may be served after he has completed the service of his present sentence is not the proper subject of a proceeding in habeas corpus. McNally v. Hill, 293 U.S. 131 , 55 S.Ct. 24 , 79 L.Ed. 238 .
The present petition is, however, in any event without merit. That the Parole Board may withhold the execution oí a warrant for violation of parole while a parolee is serving another sentence is precisely the issue decided in Zerbst v. Kidwell, 304 U.S. 359 , 58 S.Ct. 872 , 82 L.Ed. 1399 , 116 A.L.R. 808 .
The petition for a writ of habeas corpus is dismissed and the writ denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8873776. Public record. Not legal advice.