O’brien v. O’laughlin

Summary

The Circuit Justice denied the Commonwealth’s request to stay the mandate because the Commonwealth had not shown a reasonable likelihood that certiorari would be granted or that the judgment would be reversed, and the remaining stay factors did not overcome the presumption favoring release after habeas relief. The Court nevertheless ordered the District Court to impose practicable bail and other agreed conditions of release until the deadline for seeking certiorari or, if review was sought, until final resolution. The Court also vacated the previously issued stay.