PATTERSON ET AL.

v.

CITY OF NEWPORT NEWS ET AL.

Citator

Cited By

• Delo v. Stokes, 495 U.S. 320 (U.S. 1990)
  …f the court and to protect the parties from the consequences of a stay entered without an adequate basis, an injured party may seek relief in this Court pursuant to our jurisdiction under the All Writs Act, 28 U. S. C. § 1651. See Maxwell v. Bishop, 385 U. S. 650 (1967) (common-law petition for writ of certiorari granted where shortness of time available before a scheduled execution made ordinary appeal procedure unavailable). Delay or default by courts in the federal system must not be allowed to deprive p…
• Maxwell v. Bishop, 398 F.2d 138 (8th Cir. 1968)
  …of probable cause. But the Supreme Court granted leave to file a petition for 'a writ of certiorari, issued the writ, reversed the denial of the application for the certificate, and remanded the cause with directions to issue it. Maxwell v. Bishop, 385 U.S. 650, 87 S.Ct. 768, 17 L.Ed.2d 671 (1967). Accordingly, the certificate was issued and the execution stayed, and the case is here on appeal. As we observed before, pp. 327-328 of 348 F. 2d, Maxwell’s guilt or innocence is [*141] not in issue before us.…
• In re Sims, 389 F.2d 148 (5th Cir. 1967)
  …certificate of probable cause essential to an appeal from a denial of a petition for a writ of habeas corpus. The Supreme Court, in a per curiam opinion, reversed and remanded the case to the Eighth Circuit with directions to issue the certificate. 385 U.S. 650, 87 S.Ct. 768, 17 L.Ed.2d 671 (1967). . We need not decide whether the fact the testimony is cumulative would alone be sufficient ground for denial, nor whether an applicant for an order must show that witnesses would be unavailable to depose after…