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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?