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HOMER E. HANRAHAN v. JAMES H. THIERET

SUPREME COURT OF THE UNITED STATES


February 1, 1991

HOMER E. HANRAHAN, APPLICANT
v.
JAMES H. THIERET, WARDEN

John Paul Stevens, Associate Justice of the Supreme Court of the United States.

Order

The District Court found that the immediate release of a 60 year-old inmate, who has a model prison record and has already served a sentence comparable to those imposed on offenders convicted of crimes comparable to those of which he is accused, would neither pose a significant danger to the community nor create a serious risk of flight. These findings adequately support the court's order that the prisoner be released pending the warden's appeal of the prisoner's successful petition for a writ of habeas corpus. The Court of Appeal's decision to stay the order presumably rests on its view that the warden's appeal has substantial merit. Notwithstanding the broad discretion possessed by the Court of Appeals, however, and notwithstanding its commendable decision to expedite review of the merits of the appeal, this factor is not sufficient to overcome the presumption established by Rule 23(c). See Hilton v. Brunskill, 481 U.S. 770, 778 (1987). Accordingly, the application is granted and the stay entered by the United States Court of Appeals for the Seventh Circuit in No. 90-3292 on January 17, 1991, is hereby vacated.

19910201

© 1998 VersusLaw Inc.



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