Chambers v. Mississippi 8212 785

Decision Date14 February 1972
Docket NumberNo. A,A
Citation92 S.Ct. 754,30 L.Ed.2d 773,405 U.S. 1205
PartiesLeon CHAMBERS v. State of MISSISSIPPI. —785
CourtU.S. Supreme Court

Mr. Justice POWELL, Circuit Justice.

On January 31, 1972, counsel for Leon Chambers, petitioner in No. 71—5908, filed with me, as Circuit Justice for the States constituting the Fifth Circuit, an application for bail pending consideration of his petition for writ of certiorari. Petitioner's counsel detailed the reasons making it appropriate for me to exercise my discretion, under 18 U.S.C. § 3144, to admit this petitioner to bail. A copy of his certiorari petition, which raises two nonfrivolous constitutional questions, was also attached to his application. The Attorney General of Mississippi declined to file a response objecting to the application.

On February 1, 1972, after careful review of petitioner's application, I entered an order admitting him to bail. In order to assure that petitioner would not flee or pose a danger to any other person, I imposed a number of conditions on his release. He was required to post bail bond in the sum of $15,000; to live at home with his family in his hometown of Woodville, Mississippi; to find employment; and to report, immediately upon release and periodically thereafter, to the local sheriff.

Ten days later, on February 11, 1972, the Attorney General of Mississippi filed an application for reconsideration of my order admitting petitioner to bail. Although the Rules of this Court do not provide for such an application, I have carefully re-examined all papers submitted including a response from petitioner's counsel.

The Attorney General, in addition to contending that petitioner's case is frivolous, asserts that petitioner's 'return to the community will create a dangerous situation to citizens of that community.' In support of this latter allegation, he proffers the affidavits of the County Sheriff, the local Police Commissioner, and the Chief of Police of Woodville. In conclusory terms, these documents state that petitioner's presence will create a tense and explosive situation in the community, which might result in bloodshed. No specific facts are stated in support of the opinions expressed. On the contrary, it appears that this petitioner's roots in the community and record of good behavior merit his release pending final determination of his case. Petitioner is a lifelong resident of Woodville; he owns a home, subject to a mortgage; he has a wife and nine children there; he served for a period on...

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14 cases
  • Chambers v. Mississippi 8212 5908
    • United States
    • U.S. Supreme Court
    • 21 Febrero 1973
  • U.S. v. Provenzano
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 21 Agosto 1979
    ...357 (1968) (per curiam), Cert. denied 396 U.S. 974, 90 S.Ct. 465, 24 L.Ed.2d 442 (1969).36 Chambers v. Mississippi, 405 U.S. 1205, 1206, 92 S.Ct. 754, 30 L.Ed.2d 773 (1972) (Powell, Circuit Justice); Sellers v. United States, 89 S.Ct. 36, 39, 21 L.Ed.2d 64 (1968) (Black, Circuit Justice); U......
  • United States v. Horvath
    • United States
    • U.S. District Court — District of Minnesota
    • 25 Octubre 1983
    ...Glover. His affidavit does, however, consist of more than merely conclusory statements as was the case in Chambers v. Mississippi, 405 U.S. 1205, 92 S.Ct. 754, 30 L.Ed.2d 773 (1972). ...
  • United States v. Stanley, CR-76-106-CBR.
    • United States
    • U.S. District Court — Northern District of California
    • 20 Abril 1978
    ...unless the only way to protect against the danger is to incarcerate the defendant. Chambers v. Mississippi, 405 U.S. 1205, 1206, 92 S.Ct. 754, 30 L.Ed.2d 773 (1972) (Powell, J., in chambers); Sellers v. United States, 89 S.Ct. 36, 38, 21 L.Ed.2d 64, 67 (1968) (Black, J., in chambers). But t......
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