Legal Opinion
United States ex rel. Walker v. Twomey
Court of Appeals for the Seventh Circuit
Decided August 27, 1973No. Nos. 72-1096, 73-1028PublishedCited by 29 opinions
1Per curiam
Several judges of the district court for the northern district of Illinois have arrived at conflicting views concerning a rule to be applied where persons convicted of crime in a state court are denied bail pending appeal.
Judge Will has applied a rule that when the state court denies bail pending appeal and does not express any basis for its denial, such omission creates a presumption of arbitrariness. United States ex rel. Keating v. Bensinger, 322 F.Supp. 784 (N.D.Ill., 1971). In decisions now under review. Judge Napoli in Walker, and Judge Decker in Kane, declined to apply that…
2Cases cited3 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States Ex Rel. Edwin A. Goodman v. H. William Kehl, Sheriff of New York CountyCourt of Appeals for the Second Circuit · 1972
- United States Ex Rel. Keating v. BensingerDistrict Court, N.D. Illinois · 1971
3Cited by29 opinions
- United States of America Ex Rel. Clinton Burnett v. People of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1980
- United Farm Workers of America, Afl-Cio v. Arizona Agricultural Employment Relations BoardCourt of Appeals for the Ninth Circuit · 1982
- Vito Finetti v. David Harris, Superintendent of Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- Hunt v. RothCourt of Appeals for the Eighth Circuit · 1981
- Kendall Brown v. John Wilmot, Superintendent of Elmira Correction Center, and Louis J. Lefkowitz, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1978
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