Jerry Stanley v. Kevin Chappell

This is the second time this capital case has come before us. The first was an appeal from the district court’s partial judgment under Federal Rule of Civil Procedure 54(b), denying all of petitioner Gerald F. Stanley’s guilt-phase claims and deferring adjudication of his penalty-phase claims pending retrospective competency proceedings in state court. We affirmed the district court in all respects. Stanley v. Cullen, 633 F.3d 852 (9th Cir.2011). Of particular importance here, we affirmed the district court’s decision to remand to state court. Id. at 863-64 .

On remand, California trial courts held that a retrospective competency determination was feasible and that Stanley was competent at the time of his penalty-phase trial. Stanley challenged these state court holdings in his federal habeas proceeding, which had been held in abeyance. The district court concluded that exhaustion of state remedies was a prerequisite to its review of Stanley’s challenge. The district court stayed and held in abeyance Stanley’s challenge pending exhaustion in state court. Stanley appeals from the district court’s stay-and-abeyance order.

We hold that we lack appellate jurisdiction.

I.…