Foster v. Gilliam, 515 U.S. 1301 (1995)

Name: Foster v. Gilliam, 515 U.S. 1301 (1995) - Syllabus
Author: U.S. Supreme Court

Foster v. Gilliam

No. A-126

Decided August 17, 1995
515 U.S. 1301

ON APPLICATION FOR STAY

Syllabus

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. After 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 the State’s appeal from the District Court’s order.

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Chicago: U.S. Supreme Court, "Syllabus," Foster v. Gilliam, 515 U.S. 1301 (1995) in 515 U.S. 1301 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.

MLA: U.S. Supreme Court. "Syllabus." Foster v. Gilliam, 515 U.S. 1301 (1995), in 515 U.S. 1301, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.

Harvard: U.S. Supreme Court, 'Syllabus' in Foster v. Gilliam, 515 U.S. 1301 (1995). cited in 1995, 515 U.S. 1301. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.