Drake Finch v. Bobby Lumpkin, Director

Summary

Fifth Circuit affirmed denial of bond pending federal habeas review. The court held that a prisoner seeking release on bond must show both substantial constitutional claims with a high probability of success and extraordinary circumstances making bond necessary for an effective remedy. Appellant’s allegations of mental health deterioration, ineffective assistance of counsel, and prosecutorial misconduct failed to meet this standard. The court also exercised jurisdiction over the interlocutory appeal under Calley v. Callaway.

Holdings

1. A prisoner may establish conditions for release on bond pending federal habeas review if he raises 'substantial constitutional claims upon which he has a high probability of success' and shows that 'extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective.' Finch fails to make such a showing.

Questions Presented

1. Whether the district court erred in denying Finch's motion for release on bond pending resolution of his § 2254 application.

Disposition

affirmed