Murdaugh, Solicitor, 14th Judicial Circuit of South Carolina v. Livingston

Summary

Chief Justice Rehnquist, sitting as Circuit Justice, denied the State of South Carolina's application to vacate a stay of criminal proceedings against respondent Livingston. The District Court had entered a temporary restraining order on October 20, 1998, enjoining the State from proceeding further with the indictments, and the Circuit Justice observed that under Rule 65 such an order cannot remain in effect more than 10 days unless extended for good cause or consented to by the adverse party. Because the assigned Magistrate Judge had recommended dismissal and the matter remained pending before the District Court, the application was denied without prejudice to its renewal should the District Court issue a preliminary injunction or further stay the criminal proceedings.