The question here is, and again being mindful of the fact that we do not want to allow endless appeals, but let us say that the defendant is in the process of going to the judge to ask for an appeal, can the State rush him to execution before that appeal is adjudicated one way or another? As I understand it, that is the purpose of the automatic stay, that you do not have this sort of very obscene sort of beat-the-clock game, 'we can rush him to do it before you can rush to the judge.' An automatic stay, my understanding has always been, usually works for a very short period of time. Again, the great length of appeals that we have heard in the cases has been dealt with in the main body of the bill, something that I agree with.
Chuck Schumer: “The question here is, and again being mindful of the fact that we do not want to allow endless appeals, but let us say…”
On the recordFebruary 8, 1995
Source
govinfo.govEditor's note · Context
Discussing the implications of automatic stays in the context of appeals during a legislative debate.
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