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Kansas v. Hendricks

Citations: 517 U.S. 1153; 116 S. Ct. 1540Docket: No. A-843 (95-1649)

Court: Supreme Court of the United States; April 22, 1996; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

A stay was granted by Justice Breyer regarding the mandate of the Supreme Court of Kansas in case No. 73,039, pending the Supreme Court's decision on a petition for writ of certiorari. If the petition is granted, the stay will remain in effect until the Supreme Court issues its mandate. Conversely, if the petition is denied, the stay will automatically terminate.

Legal Issues Addressed

Effect of Petition Denial on Stay

Application: The stay will automatically terminate if the petition for writ of certiorari is denied by the Supreme Court.

Reasoning: Conversely, if the petition is denied, the stay will automatically terminate.

Effect of Petition Grant on Stay

Application: If the Supreme Court grants the petition for writ of certiorari, the stay will remain in effect until the Supreme Court issues its mandate.

Reasoning: If the petition is granted, the stay will remain in effect until the Supreme Court issues its mandate.

Stay of Mandate Pending Certiorari

Application: The stay of the Kansas Supreme Court's mandate is applied to maintain the status quo until the U.S. Supreme Court decides on the petition for writ of certiorari.

Reasoning: A stay was granted by Justice Breyer regarding the mandate of the Supreme Court of Kansas in case No. 73,039, pending the Supreme Court's decision on a petition for writ of certiorari.