Gibbs v. Frank
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
Barry Gibbs appeals from the District Court’s April 27, 2006 judgment denying his application for release. The primary issue presented in this appeal is whether the District Court complied with this Court’s earlier mandate “to grant Gibbs’ petition for a writ of habeas corpus and require the state to either release Gibbs or retry him within a specified time period.” Gibbs v. Frank, 387 F.3d 268, 277 (3d Cir.2004) (Gibbs I). The District Court set this time period at 120 days, but Gibbs’ retrial did not take place within that time frame. The District…
2Cases cited28 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Hilton v. BraunskillSupreme Court of the United States · 1987
- Rogers v. RichmondSupreme Court of the United States · 1961
- Parisi v. DavidsonSupreme Court of the United States · 1972
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