Reem v. Hennessy
ORDER for supplemental briefing. The parties shall file simultaneous supplemental briefs by Dec. 11 and reply briefs by Dec. 14. The Court sets a hearing in this matter on Dec. 15. (crblc2S, COURT STAFF) (Filed on 12/4/2017)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 17-cv-06628-CRB
ORDER DIRECTING PARTIES TO
On Nov. 16, 2017, James Reem filed a petition for a writ of habeas corpus in this
Court, challenging his conditional release on bail. Dkt. 1. Arguing on behalf of the
respondent, the California Attorney General did not dispute that Reem was entitled to the
writ, but instead argued that this Court should abstain from deciding the matter under
Younger v. Harris, 401 U.S. 37 (1971). It did not brief the merits.
On Nov. 29, the Court granted Reem’s petition, but stayed its order to afford the
California Superior Court an opportunity to hold another detention hearing. The Superior
Court did so, see dkt. 11, and Reem moved this Court to withdraw the stay, arguing that
the hearing afforded was constitutionally inadequate, dkt. 9. The parties appeared before
this Court today, Dec. 4, to discuss whether the stay should be withdrawn. At the hearing,
it became apparent that, unlike in the earlier detention hearings in Reem’s case, there are
significant disputes between the parties not only as to whether the Nov. 30 hearing was
adequate, but as to what the Due Process Clause requires of pretrial detention hearings,
particularly those where the defendant is indigent.
Further briefing from the parties would be helpful in resolving these issues and
ultimately determining whether to grant Reem’s request to withdraw the stay. Given the
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