Sussman v. Jenkins

Ct. of Appeals denied govt.'s motion to stay issuance of Ct. of Appeals' mandate pending govt.'s filing of petition for certiorari challenging Ct.'s reversal of Dist. Ct.'s denial of defendant's habeas petition alleging that his trial counsel was ineffective for failing to file required pre-trial motion seeking admissibility of evidence that alleged victim of sexual assault had made prior false accusations of sexual assault against others. Govt. failed to show reasonable probability either that four justices would grant certiorari petition or that five justices would reverse Ct. of Appeals' judgment. Ct. further noted lack of irreparable injury if stay request is denied given improbability that defendant would be set free during pendency of certiorari petition.