District Judge Thomas J. McAvoy

 

Read Full- Text Decision

Stanford was sentenced to 50 years to life in prison after conviction, in 2012, of second-degree murder, first-degree attempted murder, and first-degree assault. His Jan. 13, 2017 amended petition asserted five grounds for 28 USC §2254 habeas relief. His unopposed motion sought to stay the amended “mixed” petition for habeas relief until the state court decides on his Jan. 11 motion to vacate judgment under Criminal Procedure Law §440.10, filed 22 day before the AEDPA’s statute of limitations expired. He claimed his petition included both exhausted and unexhausted claims, and that the requested stay was necessary while he exhausts claims pending before the state court in his CPL §440.10 motion. The court granted Stanford’s stay motion. Under Pace v. DiGuglielmo, 544 U.S. 408, a prisoner seeking state post-conviction relief may file a protective petition in federal court to stay federal proceedings until state remedies are exhausted. The court found a stay warranted, finding that Stanford’s §440.10 motion tolled the AEDPA’s limitation period. Further, the petition’s dismissal would likely result in any future petition being deemed time-barred under the AEDPA. The court could not say that Stanford’s unexhausted claims were meritless.

District Judge Thomas J. McAvoy

 

Read Full- Text Decision

Stanford was sentenced to 50 years to life in prison after conviction, in 2012, of second-degree murder, first-degree attempted murder, and first-degree assault. His Jan. 13, 2017 amended petition asserted five grounds for 28 USC §2254 habeas relief. His unopposed motion sought to stay the amended “mixed” petition for habeas relief until the state court decides on his Jan. 11 motion to vacate judgment under Criminal Procedure Law §440.10, filed 22 day before the AEDPA’s statute of limitations expired. He claimed his petition included both exhausted and unexhausted claims, and that the requested stay was necessary while he exhausts claims pending before the state court in his CPL §440.10 motion. The court granted Stanford’s stay motion. Under Pace v. DiGuglielmo , 544 U.S. 408 , a prisoner seeking state post-conviction relief may file a protective petition in federal court to stay federal proceedings until state remedies are exhausted. The court found a stay warranted, finding that Stanford’s §440.10 motion tolled the AEDPA’s limitation period. Further, the petition’s dismissal would likely result in any future petition being deemed time-barred under the AEDPA. The court could not say that Stanford’s unexhausted claims were meritless.