(DOWNLOAD) "Gilliam v. Foster" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Gilliam v. Foster
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
WILKINS, Circuit Judge: It is highly regrettable that this court is compelled to temporarily enjoin a state criminal proceeding that began on July 17, 1995. It is even more regrettable that we must act while that proceeding is in progress. Of course, the temporary stay should have been granted days ago by the district court or by a panel of this court after hearing the arguments of counsel last Saturday, July 15, 1995. Because the district court and the panel erred in failing to issue a temporary stay, we must act in a manner that undeniably causes disruption in the state proceeding. But, the issuance of a stay is the only means available to protect Petitioners' constitutional right, and under the present circumstances, the vindication of Petitioners' basic constitutional right far outweighs the temporary suspension of the state proceeding. Any temporary disruption of the state proceedings will be quickly remedied by an expedited hearing in the district court at which time it will have the opportunity to address on the merits for the first time the issues presented.