United States ex rel. Goins v. Sigler, 17005.
| Decision Date | 12 December 1957 |
| Docket Number | No. 17005.,17005. |
| Citation | 250 F.2d 128 |
| Parties | UNITED STATES of America, ex rel. Thomas GOINS, Appellant, v. Maurice SIGLER, Warden of the Louisiana State Penitentiary, Angola, Louisiana, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James D. McGovern, Jr., New Orleans, La., for appellant.
M. E. Culligan, Asst. Atty. Gen. of Louisiana, Jack P. F. Gremillion, Atty. Gen. of Louisiana, for appellee.
Before RIVES, BROWN and WISDOM, Circuit Judges.
This matter coming on for hearing is submitted upon oral argument for the appellant and for the appellee on the motion for stay of execution pending appeal for such further orders as to the Court may seem proper. The Court has examined also the original record furnished by the Clerk of the District Court. It appears from the record that upon the filing of the petition for writ of habeas corpus the District Court allowed the petitioner to proceed in forma pauperis and granted a show cause order. Thereafter, upon an oral hearing and without any written response to the show cause order the District Court denied further stay of execution and dismissed the proceeding. The District Court then allowed an appeal in forma pauperis and certified that probable cause existed for such appeal.
For that appeal to be effective it is obvious that it would be necessary to stay execution of the appellant pending the appeal. Fouquette v. Bernard, 9 Cir., 1952, 198 F.2d 96; United States ex rel. De Vita v. McCorkle, 3 Cir., 1954, 214 F.2d 823.
It further appears, however, that there is no...
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Barefoot v. Estelle
...for a stay pending appeal. 6. Until its recent rulings the Fifth Circuit also followed this approach. See United States ex rel. Goins v. Sigler, 250 F.2d 128, 129 (1957). It has long been the rule that a death sentence imposed by a federal court will be stayed as a matter of course if the d......
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Goins v. Allgood
...order. This Court vacated the judgment and remanded for the filing of a proper response and for a hearing. United States ex rel. Goins v. Sigler, Warden, 1957, 5 Cir., 250 F.2d 128. On remand, after a hearing the district court again discharged the writ. United States ex rel. Goins v. Sigle......
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United States v. Walker
...of Appeals, Fifth Circuit, issued a stay order and remanded the matter back to the District Court for hearing on relator\'s petition. 5 Cir., 250 F.2d 128. The District Court then held a full hearing on relator\'s petition, and on April 1, 1958, for written reasons assigned, denied the writ......
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United States v. Sigler, Misc. No. 629.
...of Appeals, Fifth Circuit, issued a stay order and remanded the matter back to the District Court for hearing on relator's petition. 5 Cir., 250 F.2d 128. The District Court then held a full hearing on relator's petition, and on April 1, 1958, for written reasons assigned, denied the writ o......