Legal Opinion · Dissent

John Phillip McClard Carroll Franklin Simmons and Verlon Hershel Ussery v. United States

Court of Appeals for the Eighth Circuit

Decided August 30, 1968No. 18792_1Published

1DissentLay, Circuit Judge

I respectfully dissent from this court’s order denying petitioners’ motion for reduction of bond and/or release on a personal recognizance bond. I feel that petitioners’ motion should be remanded to the district court and the district court should set forth its reasons for denial of petitioners’ motion in full compliance with the Bail Bond Act. Section 3146(d) provides:

“(d) A person for whom conditions of release are imposed and who after twenty-four hours from the time of the release hearing continues to be detained as a. result of his inability to meet the conditions of release, shall, upon…

2Cases cited6 opinions

  1. Stack v. BoyleSupreme Court of the United States · 1952
  2. United States v. ErwingDistrict Court, N.D. California · 1968
  3. United States v. UrsiniDistrict Court, D. Connecticut · 1967
  4. United States v. CoppolaDistrict Court, D. Connecticut · 1968
  5. Vernon W. Stinnett v. United StatesCourt of Appeals for the D.C. Circuit · 1967

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