Garrison v. Hudson
468 U.S. 1301 (1984)

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U.S. Supreme Court

Garrison v. Hudson, 468 U.S. 1301 (1984)

Garrison v. Hudson

No. A-1061 (83-2144)

Decided July 6, 1984

468 U.S. 1301

Syllabus

An application to stay the order, in habeas corpus proceedings, of the Federal District Court (as directed by the Court of Appeals) for a state court retrial of respondent state prisoner prior to August 18, 1984, is granted pending this Court's disposition of applicants' petition for certiorari to review the Court of Appeals' judgment ordering habeas corpus relief. Respondent's scheduled retrial some six weeks before the start of this Court's October 1984 Term would effectively deprive this Court of jurisdiction to consider the petition for writ of certiorari. Moreover, the balance of harm favors applicants.

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