Case Citator › McNally v. Hill

McNally v. Hill

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
293 U.S. 131
Decided
Confirmed treatments
3
Flagged citations read
112 of 112
Citing cases (total)
582
Treatment dates
1967–1971

Status

Overruled
A reviewed court has overruled this case. McNally v. Hill has been fully reviewed: all 112 flagged citations have been read, with the 3 confirmed treatments listed below. Williams v. Peyton first declined to follow McNally's rule that federal habeas corpus could not reach an unserved consecutive sentence, reasoning that intervening Supreme Court decisions had eroded it.
More on how this was screened

Peyton v. Rowe then expressly overruled McNally and held that a prisoner serving consecutive sentences is in custody under any one of them for federal habeas purposes. In re Bashaw separately held that Vermont's post-conviction statute displaced the McNally release-only rule for Vermont petitions by expanding the available remedies. The remaining post-Peyton opinions merely repeated the Supreme Court's history and did not create additional treatments. Where CourtListener lists the same opinion more than once, it appears here only once.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

582 later cases cite McNally v. Hill; 112 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on McNally v. Hill?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Supreme Court expressly overruled McNally's prematurity rule and held that a prisoner serving consecutive sentences is in custody under any one of them for federal habeas purposes.

    Peyton v. Rowe · Supreme Court of the United States · filed

    We overrule McNally and hold that a prisoner serving consecutive sentences is “in custody” under any one of them for purposes of § 2241 (c)(3).
    Read the full opinion on CourtListener →

Superseded by Statute

  • The Vermont Supreme Court held that the state's post-conviction relief statute displaced McNally's release-only rule for Vermont petitions because the statute authorized release, retrial, or resentencing.

    In re Bashaw · Supreme Court of Vermont · filed

    But the McNally rule is no longer applicable. First, the enactment of the post conviction relief statute, 13 V.S.A. § 7133, enlarged the remedy beyond mere release. The prisoner may be released, retried or resentenced, as is appropriate under the facts and law applicable to his petition.
    Read the full opinion on CourtListener →

Declined to Follow

  • The Fourth Circuit declined to follow McNally's rule against habeas review of an unserved sentence, concluding that intervening Supreme Court decisions had eroded the rule where other convictions restricted the prisoner's parole prospects.

    Williams v. Peyton · Fourth Circuit · filed

    We noted that McNally v. Hill, supra, decided that a sentence which a prisoner had not begun to serve did not satisfy the statutory requirement of "custody," even though a result of the challenged sentence was to thwart the prisoner's eligibility for parole. It was our view, however, that Jones v. Cunningham, 371 U.S. 236, 83 S.Ct. 373, 9 L.Ed.2d 285 (1963), and Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), had eroded the apparently flat holding in the McNally case to the extent that we concluded that Martin's two subsequent convictions, barring his eligibility for parole, rendered him "in custody" within the meaning of 28 U.S.C.A. § 2241.
    Read the full opinion on CourtListener →

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