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  • Kelvin J. Miles v. Audrey E. Melbourne, Judge Seventh Judicial Circuit of Maryland, Respondent, 833 F.2d 1005, 4th Cir. (1987)

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    Kelvin Miles appealed the district court's denial of his requests for release on bond and appointment of counsel filed as part of his habeas corpus petition. The appeals court affirmed the denial of bond because Miles did not present a clear case on the facts that would warrant exceptional circumstances to override the state's interest in executing its judgment. The court dismissed the appeal of the denial of counsel as that was not a final order and did not conclusively determine an important question separate from the merits of the case. The court dispensed with oral argument as the issues had been recently decided by authoritative precedent.

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    Filed: 1987-11-12 Precedential Status: Non-Precedential Citations: 833 F.2d 1005 Docket: 87-7536

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    Kelvin Miles appealed the district court's denial of his requests for release on bond and appointment of counsel filed as part of his habeas corpus petition. The appeals court affirmed the denial of bond because Miles did not present a clear case on the facts that would warrant exceptional circumstances to override the state's interest in executing its judgment. The court dismissed the appeal of the denial of counsel as that was not a final order and did not conclusively determine an important question separate from the merits of the case. The court dispensed with oral argument as the issues had been recently decided by authoritative precedent.

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    Kelvin J. Miles v. Audrey E. Melbourne, Judge Seventh Judicial Circuit of Maryland, Respondent, 833 F.2d 1005, 4th Cir. (1987)

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    Kelvin Miles appealed the district court's denial of his requests for release on bond and appointment of counsel filed as part of his habeas corpus petition. The appeals court affirmed the denial of bond because Miles did not present a clear case on the facts that would warrant exceptional circumstances to override the state's interest in executing its judgment. The court dismissed the appeal of the denial of counsel as that was not a final order and did not conclusively determine an important question separate from the merits of the case. The court dispensed with oral argument as the issues had been recently decided by authoritative precedent.

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    of 2

    833 F.

    2d 1005
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Kelvin J. MILES, Petitioner-Appellant,
    v.
    Audrey E. MELBOURNE, Judge Seventh Judicial Circuit of
    Maryland, Respondent- Appellee.
    No. 87-7536.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Aug. 31, 1987.
    Decided: Nov. 12, 1987.

    Kelvin J. Miles, appellant pro se.


    Ann Elizabeth Singleton, Assistant Attorney General, for appellee.
    Before WIDENER and SPROUSE, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Kelvin Miles appeals the district court's denial of his requests for release on
    bond and for appointment of counsel filed in his 28 U.S.C. Sec. 2254 action. A
    denial of bond is an appealable collateral order. See Stack v. Boyle, 342 U.S. 1
    (1951). A person seeking interim release during pursuit of habeas remedies
    faces, however, a formidable barrier created by the fact of the conviction and
    the state's interest in executing its judgment. "[I]n the absence of exceptional
    circumstances ... the court will not grant bail prior to the ultimate final decision
    unless petitioner presents not merely a clear case on the law, ... but a clear, and
    readily evident, case on the facts." Glynn v. Donnelly, 470 F.2d 95, 98 (1st
    Cir.1972). Upon review of the record we do not find that Miles has met this

    burden. We therefore affirm the district court's denial of release on bond.


    2

    Miles also appeals the district court's denial of his request for appointment of
    counsel. This denial was not a final order appealable under 28 U.S.C. Sec.
    1291. Nor did it conclusively determine an important question completely
    separate from the merits of the action so as to be appealable as a collateral
    order. See Miller v. Simmons, 814 F.2d 962 (4th Cir.1987). We accordingly
    dismiss this aspect of the appeal.

    We dispense with oral argument because the dispositive issues recently have
    been decided authoritatively.

    AFFIRMED IN PART; DISMISSED IN PART.

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