Arevalo v. Hennessy, No. 17-17545 (9th Cir. 2018)Annotate this Case
Younger v. Harris, 401 U.S. 37 (1971), did not require the district court to abstain from hearing a petition for a writ of habeas corpus challenging the conditions of pretrial detention in state court. The Ninth Circuit held that the State has acted in good faith throughout this litigation with respect to the substantive merits of petitioner's claim; petitioner's case fell within the irreparable harm exception to Younger where he has been incarcerated for over six months without a constitutionally adequate bail hearing; and petitioner has properly exhausted his state remedies as to his bail hearing. Accordingly, the court reversed the judgment of the district court and remanded with instructions to grant a conditional writ of habeas corpus, providing that the writ issue unless the California Superior Court conducts a new constitutionally compliant bail hearing within fourteen days after the issuance of the district court's order conditionally granting the petition.