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Stay and Appeal in California Prison Case

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The Governator has filed this motion for stay in the California prisoner release case. The motion states unequivocally that the defendants will appeal. There never should have been any doubt about that. Thanks to the Prison Litigation Reform Act (1996), the appeal goes directly to U.S. Supreme Court. It is an appeal in the technical sense, not a petition for writ of certiorari, so the high court must take it (in theory, at least).

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Isn't another issue in this litigation the cap? Once the prison system releases all these guys, then what? Newer criminals can count on the fact that the prison system cannot handle them all. Then there would be less deterrence. And more crime.

Texas experienced this problem, and it led to the release of Kenneth Macduff, a vicious murderer who went on to become a serial killer.

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