Cesar Aguirre v. Alameda Superior Court et al

Filing 18

ORDER by Judge Seeborg granting 13 Motion to Lift Stay of proceedings; granting 14 Motion to Stay Sentence. (rslc1, COURT STAFF) (Filed on 5/26/2017)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

CESAR AGUIRRE,

Case No. 16-cv-06933-RS

Petitioner,
11
United States District Court
Northern District of California

v.
12
13

ALAMEDA SUPERIOR COURT, et al.,
Respondents.

ORDER GRANTING MOTION TO LIFT
STAY OF PROCEEDINGS AND
MOTION TO STAY EXECUTION OF
SENTENCE

14
15
16
17

Petitioner Cesar Aguirre’s motion to lift the stay of these proceedings and his motion to
stay execution of his sentence were heard on May 25, 2017. Both motions will be granted.

18
19

1. Motion to lift stay on case proceedings

20

This habeas matter was stayed at Aguirre’s request to permit him to exhaust his state

21

remedies. He has now done so. His unopposed motion to lift the stay is granted. The Clerk is

22

directed to reopen the file.

23
24

2. Motion to stay execution of sentence

25

Aguirre was arrested at an Occupy Oakland demonstration in 2011. In August of 2012, he

26

was convicted of felony vandalism. The superior court imposed five years’ probation, with six

27

months jail time. Bail was granted on appeal, and Aguirre was released from jail after serving

28

almost one month of his sentence. Further stays of the sentence were granted as Aguirre pursued

1

state habeas remedies. He had some success, obtaining certain remands, including one for an

2

evidentiary hearing. Ultimately, however, he exhausted his state habeas options without having

3

his conviction or sentence set aside. The superior court has now scheduled execution of Aguirre’s

4

sentence to begin again on June 2, 2017. With credits, he has only approximately two months left

5

to serve.
The parties disagree on the precise articulation of the standards applicable to this motion,

6
7

but they agree that it seeks discretionary relief, and that relevant considerations include the

8

strength of Aguirre’s showing as to the merits of his habeas claims, and a balancing of the

9

equities. There is also no dispute that absent a stay being granted, Aguirre will inevitably serve

10

the balance of his jail term before his claims are adjudicated.1
Upon due consideration of all of the circumstances present in this unusual case, Aguirre

United States District Court
Northern District of California

11
12

has made an adequate showing that a stay of his sentence should be granted, pending a decision on

13

the merits. The motion is therefore granted.

14
15
16

IT IS SO ORDERED.

17
18

Dated: May 26, 2017
______________________________________
RICHARD SEEBORG
United States District Judge

19
20
21
22
23
24
25
26
27

1

In a footnote of their brief, respondents suggest it is “unclear” whether Aguirre could be required
to complete his sentence were a stay granted now, but habeas relief ultimately denied. At the
hearing, respondents indicated they were still unsure on this point. Obviously, if the state can still
execute the sentence upon a denial of the petition even following a stay, it has far less basis to
claim a stay will be prejudicial. Although Aguirre bears the burden of showing a stay is
warranted, respondents’ failure to offer more than a speculative footnote as to the potential
prejudice substantially undermines the opposition.

28

CASE NO.

2

16-cv-06933-RS