DaSILVA v. LAW, CV 13-25-GF-DWM-RKS. (2014)
Court: District Court, D. Montana
Number: infdco20140620c80
Visitors: 20
Filed: Jun. 19, 2014
Latest Update: Jun. 19, 2014
Summary: ORDER DONALD W. MOLLOY, District Judge. Robert Ayres DaSilva, Jr. requests this Court order his immediate release from custody on the grounds that his writ for habeas corpus has been conditionally granted. (Doc. 39.) The United States Supreme Court "has repeatedly stated that federal courts may delay the release of a successful habeas petitioner in order to provide the State an opportunity to correct the constitutional violation found by the court." Hilton v. Braunskill, 481 U.S. 770 , 775
Summary: ORDER DONALD W. MOLLOY, District Judge. Robert Ayres DaSilva, Jr. requests this Court order his immediate release from custody on the grounds that his writ for habeas corpus has been conditionally granted. (Doc. 39.) The United States Supreme Court "has repeatedly stated that federal courts may delay the release of a successful habeas petitioner in order to provide the State an opportunity to correct the constitutional violation found by the court." Hilton v. Braunskill, 481 U.S. 770 , 775 (..
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ORDER
DONALD W. MOLLOY, District Judge.
Robert Ayres DaSilva, Jr. requests this Court order his immediate release from custody on the grounds that his writ for habeas corpus has been conditionally granted. (Doc. 39.) The United States Supreme Court "has repeatedly stated that federal courts may delay the release of a successful habeas petitioner in order to provide the State an opportunity to correct the constitutional violation found by the court." Hilton v. Braunskill, 481 U.S. 770, 775 (1987).
Accordingly, IT IS ORDERED that DaSilva's motion for immediate release (Doc. 39) is DENIED. However, should the State fail to reinitiate state proceedings against DaSilva within the 60-day period, DaSilva will be released. See Harvest v. Castro, 531 F.3d 737, 742 (9th Cir. 2008) (if the state fails to act within the prescribed period, the petitioner is released).
Source: Leagle
