Pugh v. Rainwater

ORDER ON REMAND

JAMES LAWRENCE KING, District Judge.

I. PRESENT POSTURE OF THE CASE

This case is before the court upon remand from the United States Supreme Court and the United States Fifth Circuit Court of Appeals. In Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), the Supreme Court affirmed that part of the judgment of the Court of Appeals and of this court holding that the Fourth Amendment requires a timely judicial determination of probable cause to detain a state prisoner awaiting trial. The decision reversed that part of the judgment requiring an adversary hearing with…