Woodfox v. Cain, No. 15-30506 (5th Cir. 2015)Annotate this Case
The district court a quo granted petitioner’s petition for writ of habeas corpus on the ground of racial discrimination in the selection of the foreperson of the grand jury. This court affirmed and, on remand, the district court entered an unconditional writ releasing petitioner
and prohibiting retrial, and it declined to stay its order. The state moved for an emergency stay of the release pending appeal. The court granted the stay and now grants the motion for stay of the order for the duration of the appeal on the merits. The court concluded that the state has succeeded on the first prong of its burden for a motion for stay pending appeal because the state has made a strong showing that it is likely to succeed on the merits. In this case, the state has a strong interest in continuing custody of petitioner and reprosecuting him for murder - a crime for which he was serving a life sentence without the possibility of parole. The constitutional claim for which he was awarded habeas relief is readily capable of being remedied by a new indictment and trial.
The court issued a subsequent related opinion or order on June 24, 2015.