Lucas v. Hadden

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 state court on March 27, 1973 for selling narcotics, and sentenced to eighteen months to ten years imprisonment. After serving approximately nineteen months of…