US · rules
1st Cir. R. 41.0
Stay of Mandate
Whereas an increasingly large percentage of unsuccessful petitions for certiorari have been
filed in this circuit in criminal cases in recent years, in the interests of minimizing unnecessary
delay in the administration of justice mandate will not be staye d hereafter in criminal cases
following the affirmance of a conviction simply upon request. On the contrary, mandate will issue
and bail will be revoked at such time as the court shall order except upon a showing, or an
independent finding by the court, of probable cause to believe that a petition would not be
frivolous, or filed merely for delay. See 18 U.S.C. § 3148. The court will revoke bail even before
mandate is due. A comparable principle will be applied in connection with affirmed orders of the
NLRB, see NLRB v. Athbro Precision Engineering, 423 F.2d 573 (1st Cir. 1970), and in other cases
where the court believes that the only effect of a petition for certiorari would be pointless delay.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
bf4aed4f9728ca5ee88ce31abaed28572fda70111b966ca500dd8c1a7fcd56d1
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