HILTON v. BRAUNSKILL

No. 86-108.

481 U.S. 770 (1987)

HILTON, SUPERINTENDENT, NEW JERSEY STATE PRISON, ET AL. v. BRAUNSKILL

Supreme Court of United States.

Decided May 26, 1987


Attorney(s) appearing for the Case

John G. Holl argued the cause for petitioners. With him on the briefs were W. Cary Edwards, Attorney General of New Jersey, and Allan J. Nodes, J. Grall Robinson, Mary Ellen Halloran, Michael Weinstein, and Raymond S. Gurak, Deputy Attorneys General.

Mark H. Friedman argued the cause and filed a brief for respondent.*


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...

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