LUCAS v. HADDEN

No. 86-1119.

790 F.2d 365 (1986)

Norfleet LUCAS, Appellee v. John T. HADDEN, Warden, FCI, Ray Brook, NY, Board of Probation & Parole, Commonwealth of Pennsylvania and the Attorney General of the State of Pennsylvania and District Attorney of the City of Philadelphia. Appeal of The BOARD OF PROBATION AND PAROLE.

United States Court of Appeals, Third Circuit.

Decided May 14, 1986.


Attorney(s) appearing for the Case

Leroy S. Zimmerman, Atty. Gen., Maria Parisi Vickers (argued), Senior Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Office of Atty. Gen., Philadelphia, Pa., for appellant.

Richard G. Freeman (argued), Philadelphia, Pa., for appellee.

Before ADAMS, GIBBONS, and MANSMANN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue in this habeas corpus proceeding is whether petitioner, who had not exhausted his claim in the state courts, was properly granted bail prior to a ruling on the merits of his habeas corpus petition. We conclude that there were no special circumstances present to justify such extraordinary relief, and accordingly we will reverse.

I.

Petitioner Norfleet Lucas was convicted in a Pennsylvania...

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