Hilton, Superintendent, New Jersey State Prison, et al. v. Braunskill (481 U.S. 770)
U.S. Supreme Court · decided May 26, 1987 · Supreme Court Database (Spaeth)
- Citation
- 481 U.S. 770 · 107 S. Ct. 2113
- Decided
- May 26, 1987
- Term
- October Term 1986
- Vote
- 6–3
- Majority author
- Justice Rehnquist
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. Federal Rule of Appellate Procedure 23(c) provides that, when the Government appeals a decision granting a writ of habeas corpus, the habeas petitioner shall be released from custody “unless the court or justice or judge rendering the decision, or the court of appeals or the Supreme Court, or a judge or justice of either court shall otherwise order.” Federal Rule of Appellate Procedure 23(d) states that initial orders issued pursuant to Rule 23(c) shall “govern review in the court of appeals and in the Supreme Court unless for special reasons shown . . . the order shall be modified, or an independent order respecting custody, enlargement or surety shall be made.” In this case, we are asked to decide what factors these provisions allow a court to consider in determining whether to release a state prisoner pending appeal of a district court order granting habeas relief. In January 1981, respondent Dana Braunskill was convicted in the Superior Court of New Jersey, Law Division, of sexual assault and unlawful possession of a weapon, in violation of N. J. Stat. Ann. §§2C:14-2, 2C:39-5(d) (West 1982 and Supp. 1986-1987), and was sentenced to eight years’ imprisonment. The Appellate Division of the Superior Court affirmed the convictions, and the New Jersey Supreme Court denied review. Respondent then, in 1985, filed a…
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