United States Ex Rel. Stephen Fink v. Louis Heyd, Criminal Sheriff of the Parish of Orleans

Petitioner, who is in the process of appealing his state conviction for a narcotics violation, seeks a declaration from a federal court sitting in habeas corpus that a state statute which operates to deny him bail pending appeal is unconstitutional. He was sentenced to five years’ imprisonment by the state trial court and is therefore ineligible for bail pending appeal by operation of article 314 of the Louisiana Code of Criminal Procedure and article I, section 12 of the Louisiana Constitution which prohibit a defendant who is sentenced to a term of five years or more from making an appeal…