Summary
This United States District Court order grants the petitioner's motion to stay federal habeas proceedings and hold the petition in abeyance. The court permits the petitioner to return to state court to exhaust an unexhausted Double Jeopardy claim before adjudicating his existing fully exhausted habeas petition. The order applies the legal standards for stays under 28 U.S.C. § 2254 and imposes a 60-day deadline for filing an amended petition upon completion of state post-conviction proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court may grant a stay of the habeas petition while the petitioner exhausts a new double‑jeopardy claim in state court.
Holdings
- The district court may grant a stay of the habeas petition and hold it in abeyance while the petitioner pursues the double‑jeopardy claim in state court.
Key quotations
“Accordingly, the Court hereby GRANTS Roberts’ motion to stay and hold his habeas petition in abeyance.” (end)
Factual background
David Roberts was convicted in Michigan of felon in possession of a firearm, felonious assault, two counts of possession of a firearm during the commission of a felony, and reckless or wanton use of a firearm. He filed a pro se habeas petition challenging the constitutionality of those convictions and later sought to stay the petition to pursue a double‑jeopardy claim in state court.
Procedural history
Roberts was convicted in Wayne County Circuit Court in 2018; his convictions were affirmed on direct appeal and on post‑conviction review. He filed a pro se federal habeas petition in 2024 and subsequently moved to stay the petition while pursuing a new double‑jeopardy claim in Michigan state court.
Remand instructions
Roberts must file a motion to reopen the case and an amended petition no later than 60 days after the conclusion of the post‑conviction proceedings in state court; failure to do so may result in dismissal of the habeas petition.