Note:
Paul D. Inman, Bail Pending Appeal in Federal Court: The Need for a Two-Tiered Approach, 57 Texas L. Rev. 275 (1979).
 

Abstract:
In his note, “Bail Pending Appeal in Federal Court,” Paul Inman details Federal Rule of Appellate Procedure 9(c). Rule 9(c) governs a defendant’s eligibility for bail pending appeal review of his conviction. Inman argues that the rule is internally conflicted as it combines criteria devised to liberalize the gravity of bail pending appeal with an allocation of the burden proof that is designed to have the opposite effect. He instead proposed that the internal incongruity could be resolved by severing the facets of the rule into discrete parts of a two-tiered analysis in which the legal merit of the appeal would trigger the application of the appropriate tier. Thus the suggested mode would more equitably reconcile the conflict between the interest of the defendant in freedom and the interest of the society in security.