Landano v. Rafferty

In this circuit, a habeas corpus petitioner may be granted bail pending disposition of his petition where “extraordinary circumstances” are present. Lucas v. Hadden, 790 F.2d 365 (3d Cir.1986). Here, the district court based its finding of extraordinary circumstances in part on a finding of probable innocence.1 Because I believe a finding of probable innocence should override usual considerations of comity even when there is a lack of exhaustion, I respectfully dissent.

The majority “believe[s] that an analysis of Lucas leads” to the conclusion that no extraordinary circumstances justifying…