Criminal Procedure keyed to Weinreb
Stack v. Boyle
Facts
The District Court had set bail at the fixed amount of $50,000 for each of the petitioners, members of the Communist Party charged with conspiring to advocate or teach the overthrow of the government by force. This was an amount greater than that used with certain serious crimes. In objecting to the petitioners’ motions to reduce bail under the Eighth Amendment, the government only showed evidence that other people convicted on similar charges had forfeited bail. When the petitioners’ motions were denied, they filed for habeas corpus and were denied by the Ninth Circuit. They then filed for a writ of certiorari and were successful.
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