Us Supreme Court Court August 1995 Judgments
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Foster Vs. Gilliam
Court: US Supreme Court
Decided on: Aug-17-1995
Foster v. Gilliam - 515 U.S. 1301 (1995) OCTOBER TERM, 1994 Syllabus FOSTER, SHERIFF, ET AL. v. GILLIAM ET AL. ON APPLICATION FOR STAY No. A-126. Decided August 17, 1995 South Carolina's application for relief from an order of the Court of Appeals, which refused to stay the issuance of a writ of habeas corpus to respondent criminal defendants, is granted in part and denied in part. Respondents claimed double jeopardy by reason of a second trial, which was calendared after the first trial ended in a mistrial over respondents' objection. Mter the second trial started, the District Court enjoined its continuation and released respondents from custody. Nothing can undo the interruption of the state trial, and therefore the District Court's order staying those proceedings will not be stayed. However, the State has met the traditional criteria for a stay of the enlargement of a prisoner in a habeas proceeding. Therefore respondents' enlargement will be stayed pending disposition of t...
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