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Foster v. Gilliam, 515 U.S. 1301 (1995)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Foster v. Gilliam, 515 U.S. 1301 (1995)
Foster v. Gilliam No. A-126 Decided August 17, 1995 515 U.S. 1301
ON APPLICATION FOR STAY
Syllabus
South Carolina’s application for relief from an order of the Court of Appeals which refused to stay the issuance of a writ of habeas corpus to respondent criminal defendants is granted in part and denied in part. Respondents claimed double jeopardy by reason of a second trial which was calendared after the first trial ended in a mistrial over respondents’ objection. After the second trial started, the District Court enjoined its continuation and released respondents from custody. Nothing can undo the interruption of the state trial, and therefore the District Court’s order staying those proceedings will not be stayed. However, the State has met the traditional criteria for a stay of the enlargement of a prisoner in a habeas proceeding. Therefore, respondents’ enlargement will be stayed pending disposition of the State’s appeal from the District Court’s order.
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Chicago:
U.S. Supreme Court, "Syllabus," Foster v. Gilliam, 515 U.S. 1301 (1995) in 515 U.S. 1301 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.
MLA:
U.S. Supreme Court. "Syllabus." Foster v. Gilliam, 515 U.S. 1301 (1995), in 515 U.S. 1301, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.
Harvard:
U.S. Supreme Court, 'Syllabus' in Foster v. Gilliam, 515 U.S. 1301 (1995). cited in 1995, 515 U.S. 1301. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=F3AGSXWI62YAAA3.
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