This Note examines the viability of allowing federal courts to consider the state's interest in public safety as a means of continuing the incarceration of a successful habeas corpus petitioner pending appeal. An analysis of Hilton v. Braunskill shows that the guidelines adopted by the Supreme Court to determine when continued incarceration is permissible fail to adequately balance competing state individual interests thereby denying liberty to persons whose state conviction has been rendered void.
College of Law
Northern Illinois University Law Review
Adams, Ronald P.
"Detaining Successful Habeas Corpus Petitioners Due to Dangerousness: Hilton v. Braunskill,"
Northern Illinois University Law Review: Vol. 9:
1, Article 3.
Ronald P. Adams, Note, Detaining Successful Habeas Corpus Petitioners Due to Dangerousness: Hilton v. Braunskill, 9 N. Ill. U. L. Rev. 129 (1988).