Supreme Court of the United States, 1961

Bailey v. Patterson

Bailey v. Patterson
Supreme Court of the United States · Decided December 18, 1961 · Black, Mississippi
368 U.S. 346; 82 S. Ct. 282; 7 L. Ed. 2d 332; 1961 U.S. LEXIS 4 (United States Reports)

Bailey v. Patterson

Opinion

Per Curiam.

This is a motion for an injunction to stay the prosecution of a number of criminal cases in the courts of Mississippi pending an appeal to this Court from the judgment of a three-judge Federal District Court. A federal injunction to stay state criminal proceedings is an extraordinary remedy. Cf. Douglas v. City of Jeannette, 319 U. S. 157; Ex parte Young, 209 U. S. 123. In addition to the considerations normally attending an application for such relief, a serious question of standing is presented on this *347 motion, in that it appears that the movants themselves are not being prosecuted in the Mississippi courts. On the record before us the motion for a stay injunction pending appeal is denied.

Mr. Justice Black and Mr. Justice Frankfurter concur in the denial of a stay solely on the ground that the three movants are not themselves being prosecuted or threatened with prosecutions in Mississippi and they therefore reach no other questions.

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