(Download) "Whiting V. Burt" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Whiting V. Burt
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 19, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The District Court, pursuant to 28 U.S.C. § 2254, conditionally granted the Petition for a writ of habeas corpus of Maurice D. Whiting ("Petitioner" or "Defendant"), an inmate of the State Prison of Southern Michigan, the condition being that the State grant Petitioner a new appeal in the Michigan Court of Appeals and, if not done within the time specified by the District Court, Petitioner could apply for a writ ordering Sherry Burt, the warden of the prison ("Respondent") to release him. Respondent appealed, and the District Court denied Respondent's motion for a stay pending the appeal. Another panel of this Court granted Respondent's motion for a stay pending the appeal and the parties' request for oral argument. For the reasons stated herein, we vacate the judgment of the District Court and remand the case for further proceedings.
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