Stamps v. Grounds

Filing 42

ORDER REINSTATING STAY. Signed by Judge Beth Labson Freeman on 10/17/2016. (blflc2S, COURT STAFF) (Filed on 10/17/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KEITH STAMPS,

Case No. 12-cv-05753-BLF

Plaintiff,
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v.

ORDER REINSTATING STAY

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RANDY GROUNDS,

[Re: ECF 38]

Defendant.
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United States District Court
Northern District of California

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After the Ninth Circuit Court of Appeals remanded this case for the limited purpose of

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ruling on Petitioner’s motion to reopen proceedings, this Court granted Stamps’ motion and

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reopened the action without reinstating the previously imposed stay. ECF 37. In its order, the

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Court ordered Petitioner and his attorney of record, Donald Bergerson, to discuss the pendency of

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the action and to file an amended petition alleging that Petitioner’s claims are entirely exhausted

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or to provide an update regarding when the claims will be exhausted. ECF 37.

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On September 15, 2016, Mr. Bergerson filed a letter with this Court. ECF 38. In the

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letter, Mr. Bergerson provides an update of his attempts to contact Petitioner to discuss this action,

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which, as of the date of the letter, had been unsuccessful. The letter also indicates that “the

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California Supreme Court has at long last granted review on the primary issue on which Stamps

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sought and obtained a Rhines v. Weber stay.” Id. The Court construes Mr. Bergerson’s letter as a

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motion to reinstate the stay instituted by Judge Alsup. ECF 10. For the reasons discussed below,

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the motion is GRANTED and the action is STAYED.

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Petitioner Keith Stamps is an inmate at Salinas Valley State Prison. Pet. 1, ECF 1.

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Petitioner was charged and convicted of one count of first-degree murder, enhanced with an

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allegation that he injured the victim with a firearm under Cal. Penal Code § 12022.53(d). Id. at 3,

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5. Prior to sentencing, the California trial court denied Petitioner’s motion for ineffective

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assistance of counsel. Id. at 5.
According to Petitioner, he filed an appeal to California’s Court of Appeal claiming that:

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(1) there was insufficient evidence to support the conviction; (2) the trial court made an inadequate

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inquiry into petitioner’s motion for ineffective assistance of counsel; (3) the jury instructions were

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in federal constitutional error; and (4) counsel was ineffective by failing to request a clarifying

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instruction that provocation could reduce a first-degree murder to the second degree. Id. at 6. The

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Court of Appeal affirmed the conviction. Id. Petitioner’s request for review from the California

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Supreme Court was denied. Id.

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Here, Stamps seeks a writ of habeas corpus under 28 U.S.C. § 2254. In addition to raising
the allegedly exhausted claims listed above, through his petition, Stamps also raises three

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United States District Court
Northern District of California

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unexhausted claims: “(1) his sentencing as an adult to confinement greater than what could have

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been imposed on him as a juvenile violated the Sixth and Fourteenth Amendments; (2) his

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sentence of fifty-years-to-life violated the Eight and Fourteenth Amendments; and (3) his sentence

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violated the Equal protection Clause of the Fourteenth Amendment since other minors, equally

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culpable of similar crimes, were exempt from such punishment.” Id. at 2. Along with his federal

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habeas petition, Petitioner filed a motion to stay pursuant to Rhines v. Weber, 544 U.S. 269

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(2005), to stay and abate so he could pursue his unexhausted claims in state court. Judge Alsup

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granted Petitioners’ motion to stay upon a finding that Petitioner’s demonstrated good cause as to

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why he failed to exhaust his claims and showed that his allegedly unexhausted claims were not

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plainly meritless. ECF 10.

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On December 20, 2012, Stamps filed a Petition for Writ of Habeas Corpus before the

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Supreme Court of California. See No. S207482 (Cal.). In March 2014, the Supreme Court of

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California denied Stamps’ petition “without prejudice to any relief to which petitioner might be

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entitled after this court decides In re Alatriste, S214652 and In re Bonilla, S214960.” Id. On

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August 17, 2016, the Supreme Court of California transferred both In re Alatriste and In re

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Bonilla to the Court of Appeal, Second Appellate District with orders to vacate its prior denials of

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the petitioners’ writs of habeas corpus and show cause “why [each] petitioner is not entitled to

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make a record of ‘mitigating evidence tied to his youth.’” See No. S214652 (Cal.) (citing People
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v. Franklin, 63 Cal. 4th 261, 268–69, 283–84 (Cal. 2016)); No. S214960 (Cal.) (same); see also

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ECF 38.

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The Supreme Court of California’s decision to deny Stamps’ petition without prejudice

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pending the outcome of In re Alatriste and In re Bonilla reveals that it is likely that any decision in

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those cases could alter the determination of Stamps’ unexhausted claims. Indeed, a favorable

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decision in those actions might even resolve Stamps’ petition entirely. Accordingly, IT IS

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HEREBY ORDERED this action shall be STAYED. The Court additionally ORDERS Petitioner

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or Mr. Bergerson to file an amended petition or an update to this Court by no later than April 14,

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2017. The update shall address the following:

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United States District Court
Northern District of California

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1.

The status of Petitioner’s claims, and in particularly, whether they are entirely

exhausted or when they will be exhausted

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2.

The status of In re Alatriste and In re Bonilla, as relevant to Stamps’ petition; and

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3.

Whether or not Petitioner will be represented in this action, by Mr. Bergerson or

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otherwise.
Finally, given Mr. Bergerson’s difficulty contacting Petitioner, the Court will provide
notice of this order to him by mail at:

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Keith Stamps AB1095
Salinas Valley State Prison
P.O. Box 1050 B5-135
Soledad, CA 93960.

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IT IS SO ORDERED.
Dated: October 17, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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