Stanley v. Chappell

The Antiterrorism and Effective Death Penalty Act requires postponement of federal review of a state court ruling until all state court remedies have been exhausted.

Petitioner Jerry Stanley was convicted by jury of first-degree murder. The penalty phase of Stanley’s trial was suspended for a collateral trial to determine his competence. After he was found competent, the initial jury sentenced Stanley to death. Stanley appealed in state court and simultaneously filed a pro se habeas corpus petition in federal district court. The district court found that state remedies must be exhausted prior to federal review and ordered a stay-and-abeyance in the habeas case until Stanley exhausted all state remedies. Stanley appealed. The Ninth Circuit held it did not have appellate jurisdiction over the habeas corpus because petitioner had not exhausted state court remedies. The panel held the Antiterrorism and Effective Death Penalty Act requires postponement of federal review of a state court ruling until all state court remedies have been exhausted. The district court may review the state court’s rulings only after final judgment. The panel also refused to issue a writ of mandamus because it did not find clear error in the district court’s ruling. DISMISSED.