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Hilton Vs. Braunskill

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  • US Supreme Court
  • May 26, 1987

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46 entries 3 linked 43 unlinked
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  1. Harris Vs. Nelson US Supreme Court · Mar 24, 1969
  2. Preiser Vs. Rodriguez US Supreme Court · May 07, 1973
  3. Rose Vs. Lundy US Supreme Court · Mar 03, 1982
  4. U.S. 770 (1987) U.S. Supreme Court Hilton v. Braunskill
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  5. U.S. 770 (1987) Hilton v. Braunskill
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  6. Petitioners subsequently moved the District Court to stay its order pending appeal. Relying on Carter v. Rafferty
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  7. In Carter v. Rafferty
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  8. to provide the State an opportunity to correct the constitutional violation found by the court. See, e.g., Rogers v. Richmond
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  9. Dowd v. United
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  10. petition for certiorari, our approach has been to follow the general standards for staying a civil judgment. See Tate v. Rose
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  11. Sumner v. Mata
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  12. Our decisions have consistently recognized that habeas corpus proceedings are civil in nature. See, e.g., Browder v. Director
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  13. and (4) where the public interest lies. See, e.g., Virginia Petroleum Jobbers Assn. v. FPC
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  14. Washington Metropolitan Area Comm'n v. Holiday
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  15. Garcia-Mir v. Meese
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  16. Accident Fund v. Baerwaldt
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  17. judgments in each case, the formula cannot be reduced to a set of rigid rules. The Court of Appeals in Carter v. Rafferty
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  18. permissible if the second and fourth factors in the traditional stay analysis militate against release. Cf. McSurely v. McClellan
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  19. O'Bryan v. Estelle
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  20. Ruiz v. Estelle
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  21. appeal. We think that the District Court and the Court of Appeals, in relying on the latter's decision in Carter v. Rafferty
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  22. on the conclusion that the stay application was foreclosed by the Court of Appeals' prior decision in Carter v. Rafferty
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  23. that there are some circumstances where a civil rule of procedure should not govern habeas proceedings. See Harris v. Nelson
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  24. see also Fed.Rule Civ.Proc. 81(a)(2). Neither Harris v. Nelson
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  25. s danger to the community, the majority rejects the Third Circuit's well-reasoned decision to the contrary in Carter v. Rafferty
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  26. state court to consider a defendant's future dangerousness in determining whether to order pretrial confinement. State v. Johnson
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  27. immediate appellate review of its decision, and without satisfying any elevated burden of proof. Compare United States v. Salerno
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  28. Ante at 481 U. S. 777 . See Bell v. Wolfish
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  29. Brown v. Allen
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  30. Preiser v. Rodriguez
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  31. Rose v. Lundy
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  32. Wainwright v. Sikes
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  33. U.S. Supreme Court Hilton v. Braunskill
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  34. Carter v. Rafferty
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  35. See Tate v. Rose
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  36. Browder v. Director
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  37. Virginia Petroleum Jobbers Assn. v. FPC
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  38. Cf. McSurely v. McClellan
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  39. See Harris v. Nelson
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  40. Neither Harris v. Nelson
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  41. State v. Johnson
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  42. Compare United States v. Salerno
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  43. See Bell v. Wolfish
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  44. United States v. Salerno
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  45. Sumner v. Mata
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  46. Rogers v. Richmond
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